Reference no: EM133337558
Business Law & Ethics
Case #1: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27, (2008) 238 O.A.C. 130
Mr. Mustapha suffered considerable trauma when replacing a used jug of water with a new one he discovered dead flies in his sealed jug of water. He had a particular sensitivity to this and suffered an unusual reaction. When he complained to the water producer they offered him a few free water bottles and the cleaning of his dispenser as settlement. He was offended and sued.
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Case #2: Royal Bank of Canada v. Head West Energy Inc., 2007 ABQB 154 (CanLII), 75 Alta. L.R. (4th) 263
Harrison Western Canadian Inc. leased several trailers from Wells Fargo Equipment Finance Company. These leases were registered as secured transactions under the Alberta Personal Property Security Act in April and May of 2004 against Harrison Western Canadian Inc. at the appropriate registry. In July of that year Harrison Western changed its name to Head West. Subsequently, Head West became indebted to the Royal Bank, which secured that indebtedness with a general claim against the company's assets and registered that secured claim under the P.P.S.A. at the appropriate registry. Head West became insolvent and was taken over by a receiver, and the trailers were sold for $401 760. Both Wells Fargo and the Royal Bank claimed those funds.
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Case #3: Royal Bank of Canada v. Samson Management & Solutions Ltd., 2013 ONCA 313 (CanLII)
Brasseur operated a business (Sampson Management and Solutions) in need of financing. He arranged a line of credit with the Royal Bank for $150 000. Both he and his wife (Cusack) signed guarantees in support of the loan. The amount was raised to $250 000 for which new guarantees were signed by both Braseur and his wife. Additional loans were arranged first for $500 000 and then $750 000. These new lines of credit were guaranteed by Brasseur, but not by his wife; nor did she consent to them. The Samson business failed in 2011 and the Royal Bank demanded payment from both Brasseur on the basis of his $750 000 and from his wife Cusack for her $250 000 guarantee.
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Case #4: R. v. Clarke Transport Canada Inc. (1995) 130 D.L.R. (4th) 500 (Ont. Gen. Div.)
A group of five companies provided freight forwarding services through container shipments in the Toronto area. They would take orders from customers, charge on the basis of weight, fill a container with those orders, and transport the goods by rail. All five agreed to control prices. They exchanged information and promised not to undercut each other's prices.
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