Newcourt Financial Ltd. v. Globe Printers Ltd.

Newcourt Financial Ltd. v. Globe Printers Ltd.

The appeal is dismissed because the appellant failed to prove an enforceable lease existed at the time of assignment; evidence showed the required credit approval occurred after the assignment date, so the lease could not 'take place' prior to assignment and the assignment could not confer enforceable rights.

Citation
2003 BCCA 91
Parties
Appellant (plaintiff): Newcourt Financial Limited; Respondents (defendants): Globe Printers Ltd. and Ken Giesbrecht; Third Party: Danka Business Systems Ltd. / Les Systems D'Affaires Danka Ltee.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
5 February 2003
Procedural Posture
Contract Assignment of Lease / Appeal Court of Appeal Oral Reasons Following Summary Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment, Enforceability of Contract, Fundamental Breach, Lease Agreements, Credit Approval
Source Language
English
Contract Law Commercial Law Evidence Assignment Enforceability of Contract Fundamental Breach Lease Agreements Credit Approval

Case Brief

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Parties

Newcourt Financial Limited

Appellant (plaintiff)

Globe Printers Ltd. and Ken Giesbrecht

Respondents (defendants)

Danka Business Systems Ltd. / Les Systems D'Affaires Danka Ltee.

Third Party

Procedural Posture

Contract Assignment of Lease / Appeal Court of Appeal Oral Reasons Following Summary Trial Judgment

Legal Issues

  1. 1 Whether an enforceable lease existed at time of assignment
  2. 2 Whether assignment of an unaccepted/unenforceable lease transfers enforceable rights
  3. 3 Whether appellant proved acceptance by lessor prior to assignment

Ratio Decidendi

The appeal is dismissed because the appellant failed to prove an enforceable lease existed at the time of assignment; evidence showed the required credit approval occurred after the assignment date, so the lease could not 'take place' prior to assignment and the assignment could not confer enforceable rights.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed