Scotsburn Co-Op. Services v. W.T. Goodwin Ltd.

Scotsburn Co-Op. Services v. W.T. Goodwin Ltd.

Appeal dismissed: the Court of Appeal was correct that there was insufficient evidence on a balance of probabilities to infer a contract between Scotsburn and the real estate company W.T. Goodwin Ltd.; estoppel did not apply because no representation, detrimental reliance or pleading supported it; the only...

Source-derived case information.

Citation
[1985] 1 SCR 54
Parties
Appellant (plaintiff): Scotsburn Co-operative Services Limited; Respondent (defendant): W.T. Goodwin Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 February 1985
Procedural Posture
Contract Goods Sold and Delivered / Appeal to the Supreme Court of Canada From the Nova Scotia Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Estoppel by Representation, Unilateral Contract, Separate Corporate Personality, Agency and Apparent Authority, Burden of Proof on Factual Inference, Pleading Requirements
Source Language
english
Contract Equity Corporate Law Civil Procedure Estoppel by Representation Unilateral Contract Separate Corporate Personality Agency and Apparent Authority +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scotsburn Co-operative Services Limited

Appellant (plaintiff)

W.T. Goodwin Limited

Respondent (defendant)

Procedural Posture

Contract Goods Sold and Delivered / Appeal to the Supreme Court of Canada From the Nova Scotia Court of Appeal

Legal Issues

  1. 1 Whether W.T. Goodwin Ltd. (real estate company) was contractually liable for goods delivered to the Amherst supermarket
  2. 2 Whether estoppel by representation prevents the real estate company denying liability based on its silence and payment practice
  3. 3 Whether conduct and payment patterns establish a unilateral or implied contract between Scotsburn and the real estate company

Ratio Decidendi

Appeal dismissed: the Court of Appeal was correct that there was insufficient evidence on a balance of probabilities to infer a contract between Scotsburn and the real estate company W.T. Goodwin Ltd.; estoppel did not apply because no representation, detrimental reliance or pleading supported it; the only reasonable inference was that Goodwin's Discount Food Store Ltd. operated the supermarket and was the contracting party.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the respondent in this Court and in the courts below