Corridor Transport Inc. v. Vittorio Junior Lentini
The trial judge reasonably found there was no meeting of the minds on essential terms (notably which Lentini was the contracting party and whether LTI receivables belonged to the partnership) and therefore no enforceable contract; absent an enforceable contract or possessory interest by CTI in the disputed receipts,...
Source-derived case information.
- Citation
- 2024 ONCA 773
- Parties
- Appellant Plaintiff: Corridor Transport Inc.; Appellant Plaintiff: Corridor Transport Limited Partnership; Respondent Defendant: Vittorio Junior Lentini; Respondent Defendant: LTI Logistics Inc.; Respondent Defendant: Loblaw Companies Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 October 2024
- Procedural Posture
- Civil Appeal (contract and Tort) / Appeal to Court of Appeal From a 9 Day Trial Judgment of Superior Court (decision Below Dated Feb 14, 2023); Appeal Heard Feb 22, 2024; Judgment Oct 23, 2024
- Outcome
- Appeal dismissed.
- Legal Topics
- Enforceability of Contract, Conversion (tort), Meeting of Minds, Identity of Contracting Party, Possessory Interest in Funds, Costs Award
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Corridor Transport Inc.
Appellant Plaintiff
Corridor Transport Limited Partnership
Appellant Plaintiff
Vittorio Junior Lentini
Respondent Defendant
LTI Logistics Inc.
Respondent Defendant
Loblaw Companies Limited
Respondent Defendant
Procedural Posture
Civil Appeal (contract and Tort) / Appeal to Court of Appeal From a 9 Day Trial Judgment of Superior Court (decision Below Dated Feb 14, 2023); Appeal Heard Feb 22, 2024; Judgment Oct 23, 2024
Legal Issues
- 1 Whether an enforceable contract/partnership existed between CTI and the Lentinis
- 2 Whether the respondents committed conversion by depositing LTI customer cheques into LTI's BMO account
- 3 Whether a director (Vic Jr.) breached fiduciary duties by handling funds
Ratio Decidendi
The trial judge reasonably found there was no meeting of the minds on essential terms (notably which Lentini was the contracting party and whether LTI receivables belonged to the partnership) and therefore no enforceable contract; absent an enforceable contract or possessory interest by CTI in the disputed receipts, the deposit of funds into LTI's BMO account did not constitute conversion. The Court of Appeal found no palpable or overriding error and dismissed the appeal.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Costs of the appeal to respondents in the amount of $20,600 inclusive.
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