Bump Baby & Beyond Inc. v. Liu
The Adjudicator found the evidence insufficient to establish fraud or fraudulent inducement; claimant knew or should have known the significant facts, chose to terminate the lease to protect her business, and therefore the claim for the rent balance fails.
- Citation
- 2011 NSSM 46
- Parties
- Claimant: Bump Baby & Beyond Inc.; Claimant: Nicole MacHattie; Defendant: Ivy Liu; Defendant: Fluffy Baby Bottoms
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 29 June 2011
- Procedural Posture
- Small Claims Court / Decision
- Outcome
- Claim dismissed
- Legal Topics
- Lease Termination, Misrepresentation, Damages for Breach of Lease, Competition Between Businesses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bump Baby & Beyond Inc.
Claimant
Nicole MacHattie
Claimant
Ivy Liu
Defendant
Fluffy Baby Bottoms
Defendant
Procedural Posture
Small Claims Court / Decision
Legal Issues
- 1 Whether defendant fraudulently induced claimant to release lease by misrepresentation
- 2 Whether claimant is entitled to rent for the remainder of the lease
- 3 Whether any nondisclosure or statements by defendant constituted actionable fraud
Ratio Decidendi
The Adjudicator found the evidence insufficient to establish fraud or fraudulent inducement; claimant knew or should have known the significant facts, chose to terminate the lease to protect her business, and therefore the claim for the rent balance fails.
Court Disposition
Claim dismissed
Orders
- Claim dismissed.
Full Case Text
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