RSC Motors Inc. v. Marks
RSC Motors Inc.
Law Firm / Organization
Campbell Froh May & Rice LLP
Lawyer(s)

Katherine Ducey

Lauren Megan Marks
Daniel Vlckov

Background:
RSC Motors Inc., represented by Raymond Poon, was a licensed motor dealer in British Columbia specializing in rare vehicles. The defendants, Lauren Megan Marks and Daniel Vlckov, were in a spousal relationship and had known Mr. Poon for years. The dispute centered around a green Porsche Carrera 4 purchased from Japan.

Legal Arguments/Issues:
RSC Motors Inc. claimed that the defendants wrongfully took possession of the vehicle without completing the payment and repudiated the contract. The plaintiff sought the return of the vehicle, the right to sell it to a third party, and the dismissal of Marks' counterclaim. Marks argued that she was the beneficial owner, had paid part of the purchase price, and that RSC was in breach by refusing to transfer ownership. Key issues included the nature of the December 2022 agreement, the purpose of a $179,000 bank draft, and whether Marks authorized the sale of the vehicle in September 2023.

Judgment:
The court, presided by Justice Latimer, found that the evidence was too conflicting to resolve the issues through summary trial. It would have been unjust to make credibility determinations without a full trial. Therefore, the application for summary judgment was dismissed.

Costs:
Costs were ordered to be in the cause, meaning they would be determined based on the outcome of the full trial. No specific amount was awarded at this stage.

Supreme Court of British Columbia
S237592
Corporate & commercial law