Plaintiff
Defendant
Facts: The plaintiffs, Wright and Carberry Oil & Parts Inc., purchased an oil store from the defendants, Lemky et al., in Carberry, Manitoba. A dispute arose over a non-competition agreement and the purchase of inventory at cost, with "cost" undefined.
Issue: Whether the defendants improperly competed with the plaintiffs' store and if the defendants sold inventory to the plaintiffs at an improper markup, violating the terms of the sale and competition agreements.
Court's Ruling: The court found that the defendants did not breach any contracts or compete improperly. The non-competition agreement did not restrict the defendants' post-sale wholesale business, and the plaintiffs failed to prove damages resulting from alleged competition or markup violations. The claim was dismissed, and the counterclaim succeeded with a deduction of 7.5% from the quantum.
Costs/Damages Awarded: The specific amount awarded to the defendants on their counterclaim was reduced by 7.5% from the claimed $20,000 to account for potential inaccuracies in the claimed amount, but the exact figure after reduction was not provided.
Court
Court of King's Bench ManitobaCase Number
CI 21-02-03943Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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