Plaintiff
Defendant
Facts:
Johannes Schalk Rosenbrock, Paul Stub Rosenbrock Sr., Maria Magdalena Rosenbrock, and Paul Rosenbrock Jr. (plaintiffs) sought to invest in a Monkeynastix franchise through Hendry van der Wath, Jennifer June van der Wath, and Monkeynastix (Canada) Inc. (defendants). The plaintiffs intended to use the investment to qualify for immigration under the British Columbia Provincial Nominee Program (BC PNP). Their immigration applications were denied, and the business became financially unviable. The plaintiffs sought to recover their investment based on an alleged promise to return the funds if immigration failed.
Legal Issues:
The plaintiffs argued that the defendants promised to return their investment if the immigration process was unsuccessful, asserting breach of contract, negligent misrepresentation, and collateral contract claims. The defendants denied that such a promise was binding.
Court's Analysis:
The court found that the parties had formed a contract but ruled that the plaintiffs failed to demand their money back in a timely manner after their immigration applications were denied. The plaintiffs' continued investment showed they chose to proceed with the franchise rather than enforce the alleged immigration-related promise.
Outcome:
The plaintiffs' claims were dismissed. The court concluded that the plaintiffs were not entitled to a return of their investments, and no damages were awarded. The defendants were entitled to costs; however, the exact amount was not determined in the judgment.
Court
Supreme Court of British ColumbiaCase Number
132718Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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