J. Israeli Family Holdings Inc. v. J.S.J. Equity Holdings Limited
The appeal was dismissed because there was no evidence that Israeli authorized Saunderson and the conduct relied upon by the appellant did not raise a genuine issue that Saunderson was acting as Israeli's agent when he made the representations and warranties.
Source-derived case information.
- Citation
- C32942
- Parties
- Plaintiff: J. Israeli Family Holdings Inc.; Plaintiff: J. Israeli Corporation; Plaintiff: J. Israeli Investments Limited; Defendant: J.S.J. Equity Holdings Limited; Appellant: Jack Tse
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2000
- Procedural Posture
- Civil Appeal / Decision on Appeal (court of Appeal)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Agency, Representations and Warranties, Motions Judge Standard, Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. Israeli Family Holdings Inc.
Plaintiff
J. Israeli Corporation
Plaintiff
J. Israeli Investments Limited
Plaintiff
J.S.J. Equity Holdings Limited
Defendant
Jack Tse
Appellant
Procedural Posture
Civil Appeal / Decision on Appeal (court of Appeal)
Legal Issues
- 1 Whether Saunderson was acting as agent of Jack Israeli when he made representations and warranties
- 2 Whether the appellant raised a genuine issue of agency based on conduct
Ratio Decidendi
The appeal was dismissed because there was no evidence that Israeli authorized Saunderson and the conduct relied upon by the appellant did not raise a genuine issue that Saunderson was acting as Israeli's agent when he made the representations and warranties.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
J. Israeli Family Holdings Inc. v. J.S.J. Equity Holdings Limited Collection Decisions of the Court of Appeal Date 2000-03-23 Docket numbers C32942 Judges Finlayson, George Duncan; Abella, Rosalie Silberman; O’Connor, Dennis Subject Civil Decision Content DATE: 20000323 DOCKET: C32942 COURT OF APPEAL FOR ONTARIO RE: J. ISRAELI FAMILY HOLDINGS INC., J. ISRAELI CORPORATION AND J. ISRAELI INVESTMENTS LIMITED (Plaintiffs) v. J.S.J. EQUITY HOLDINGS LIMITED AND JACK TSE (Defendants) BEFORE: FINLAYSON, ABELLA and O’CONNOR JJ.A. COUNSEL: Benjamin Salsberg for the appellant, Tse Neil A. Kaufman for the respondents HEARD: March 21, 2000 On appeal from the judgment of Mr. Justice Lane dated September 7, 1999. E N D O R S E M E N T [1] The appellant concedes that there is no evidence that Jack Israeli ever made a statement to the effect that Mr. Saunderson had authority to act on his behalf. We are of the view that the conduct relied upon by the appellant does not raise a genuine issue that Saunderson was acting as the agent of Israeli when he made the representations and warranties in issue. We agree with the conclusions of the motions judge. [2] The appeal is dismissed with costs.