Plaintiff
Defendant
Facts: RO contracted CPC to manufacture Chaga-based health products using a specific dual extraction process. Initial discussions and agreements were made in April 2016, followed by detailed procedures and product specifications. RO supplied raw Chaga and paid deposits totaling $100,000 for the processing.
Initial Batch of Chaga: The first batch of 50 kg Chaga was processed in May 2016, yielding satisfactory results with a polysaccharide content of 50.2%, confirmed by Silliker JR Laboratories. RO used this result to promote their products.
Large Batch of Chaga: Subsequently, RO ordered two large batches totaling 2,200 lbs of Chaga in July and August 2016. Production started in September but faced delays and management changes at CPC. The final product, tested in December 2016, showed a significantly lower polysaccharide content of 6.0%, leading to RO's complaint and cessation of further processing.
Legal Arguments/Issues: RO argued that CPC breached the contract by failing to adhere to agreed manufacturing processes and delivering a product that did not meet the expected quality standards. CPC contended that there was no breach and that any discrepancies did not result in losses for RO.
Conclusion: The court found in favor of RO, determining CPC breached the contract by not following the specified procedures, resulting in a substandard product. The total amount of costs and/or award in favor of RO was $50,000.
Court
Supreme Court of British ColumbiaCase Number
S177788Practice Area
Corporate & commercial lawAmount
$ 50,000Winner
PlaintiffTrial Start Date