Plaintiff
Defendant
Facts: 1104318 BC Ltd., led by Dr. Danny Shum, purchased a dental practice from Dr. Paul Wittenberg and his corporation. The plaintiff alleged misrepresentation of the dental practice's revenue capabilities and sought the return of the $870,000 purchase price plus additional damages.
Issue: Whether the defendants fraudulently or negligently misrepresented the legitimate revenue-generating capacity of the dental practice, leading to a breach of contract and consequential damages to the plaintiff.
Court's Ruling: The court dismissed the plaintiff's allegations of fraudulent misrepresentation and breach of contract. The plaintiff, 1104318 BC Ltd., failed to prove the defendants misrepresented the revenue capabilities of the dental practice or breached the asset purchase agreement. Consequently, the court dismissed the plaintiff's claims in their entirety.
Costs/Damages Awarded: The court awarded costs to the defendants, indicating that any unresolved matters regarding costs could be addressed through agreement or further application within 90 days of the judgment. Financial terms were not specified.
Court
Supreme Court of British ColumbiaCase Number
S1912324Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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