Axiom Foreign Exchange International v Rudiger Marketing Ltd
Axiom Foreign Exchange International
Rudiger Marketing Ltd.
Law Firm / Organization
Beaumont Church LLP
Lawyer(s)

James M.B. Clark

Calvin Lee Rudiger
Law Firm / Organization
Beaumont Church LLP
Lawyer(s)

James M.B. Clark

Morgan Rudiger
Law Firm / Organization
Beaumont Church LLP
Lawyer(s)

James M.B. Clark

  • Background: Axiom sought to enforce a judgment against Rudiger Marketing Ltd (RML) for financial losses caused by alleged misrepresentations. Finding RML asset-less, Axiom aimed to hold individuals Calvin and Morgan Rudiger personally liable.

  • Legal Issue: The key issue was under what conditions corporate agents, here the Rudigers, could be personally liable for actions taken in their corporate capacities.

  • Corporate Veil: Axiom attempted to pierce the corporate veil to hold Calvin Rudiger personally responsible for misusing RML in fraudulent transactions. The court examined this claim but found insufficient evidence to broadly hold him liable.

  • Court's Decision on Misrepresentations:

    • Morgan Rudiger: His false claim as an "Owner" was dismissed by the court since Axiom knew the actual ownership structure.
    • Calvin Rudiger: Various statements made were assessed. The court concluded these were intentions regarding RML's future actions, not personal commitments, thus not establishing personal liability.
  • Outcome: Most claims against the Rudigers were dismissed. However, Calvin Rudiger was held personally liable for $60,000 for specific fraudulent transactions he conducted when RML was insolvent.

  • Conclusion: The case primarily dismissed personal liability claims against the Rudigers, with limited exceptions for proven fraudulent preferences involving Calvin Rudiger.

Court of King's Bench of Alberta
1601 01352
Employment law
$ 60,000
Plaintiff