Background Facts: In "1335921 BC Ltd. v. Horseshoe Press Inc.," the plaintiff, 1335921 BC Ltd., purchased the business assets of Horseshoe Press Inc., owned by 0514915 BC Ltd. and managed by Dickey Kit Chee Tam, for $3.2 million. The sale included a deferred purchase price of $1.6 million, payable by June 2023. Post-sale, 1335921 BC Ltd. alleged misrepresentation regarding the state of the equipment, financial status, and Mr. Tam’s post-sale employment obligations.

Legal Arguments/Issues: The plaintiff claimed that key equipment, notably a sophisticated printing machine (MGI), was not operational as promised, requiring extensive repairs. Additionally, 1335921 BC Ltd. alleged that financial statements were misleading, excluding wages of three employees, resulting in an overpayment of $600,000. The plaintiff also argued that Mr. Tam failed to train staff and transition accounts as agreed, leaving soon after the sale. Lastly, the plaintiff accused Mr. Tam of breaching a non-competition agreement by competing for printing contracts.

Held: The court found the case unsuitable for summary judgment due to conflicting evidence on key points. The defendants' application to strike the plaintiff’s claim was dismissed, as the notice of civil claim contained facts that could support an action for damages if proven.

Costs/Damages Awarded: No specific costs or damages were awarded as the defendants’ application was dismissed. The case was set to proceed to trial for a detailed examination of the facts.