Barber v. Molson Sport & Entertainment Inc.

Barber v. Molson Sport & Entertainment Inc.

The Court upheld the trial judge’s core factual findings and legal conclusions that Molson intentionally interfered with Wahta’s economic relations by contracting with others (GMIC) and improperly shifting TPH/EMS obligations, and that Vrozos breached contract and committed fraud; the Court corrected limited errors in analytical approach to damages (noting tort measure principles) but left Molson’s damages to Wahta at $632,000, increased Vrozos’s contractual damages to $765,366 and upheld $50,000 punitive damages against Vrozos; the management fee claim against Molson was dismissed because promotional ticket giveaways were within Molson’s contractual rights and not revenue for profit...

Citation
2010 ONCA 570
Parties
Respondent: Stephen Barber; Respondent: Wahta Natural Spring Water; Appellant: Johnathan Vrozos; Appellant: Molson Sport & Entertainment Inc.; Defendant (settled): Great Moments in Catering
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 September 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Superior Court of Justice
Outcome
Appeal allowed in part: Molson’s appeal otherwise dismissed except Vrozos’s crossclaim against Molson was dismissed; Vrozos’s appeal dismissed but damages against Vrozos varied; judgment otherwise affirmed with adjustments and costs directions.
Legal Topics
Intentional Interference With Economic Relations, Breach of Contract, Fraud, Negligent Misrepresentation, Punitive Damages, Contract Interpretation, Mitigation of Damages, Damages Quantification
Source Language
English
Contract Law Tort Law Remedies Agency Evidence Costs Intentional Interference With Economic Relations Breach of Contract +6 more

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Parties

Stephen Barber

Respondent

Wahta Natural Spring Water

Respondent

Johnathan Vrozos

Appellant

Molson Sport & Entertainment Inc.

Appellant

Great Moments in Catering

Defendant (settled)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Superior Court of Justice

Legal Issues

  1. 1 Whether Molson intentionally interfered with Wahta’s economic relations and used unlawful means
  2. 2 Proper construction and terms of the Vrozos water contract
  3. 3 Whether Vrozos acted as agent for Wahta and whether Wahta is estopped

Ratio Decidendi

The Court upheld the trial judge’s core factual findings and legal conclusions that Molson intentionally interfered with Wahta’s economic relations by contracting with others (GMIC) and improperly shifting TPH/EMS obligations, and that Vrozos breached contract and committed fraud; the Court corrected limited errors in analytical approach to damages (noting tort measure principles) but left Molson’s damages to Wahta at $632,000, increased Vrozos’s contractual damages to $765,366 and upheld $50,000 punitive damages against Vrozos; the management fee claim against Molson was dismissed because promotional ticket giveaways were within Molson’s contractual rights and not revenue for profit...

Court Disposition

Appeal allowed in part: Molson’s appeal otherwise dismissed except Vrozos’s crossclaim against Molson was dismissed; Vrozos’s appeal dismissed but damages against Vrozos varied; judgment otherwise affirmed with adjustments and costs directions.

Orders

  • Amend the Judgment: delete para. 3 of the Judgment
  • Dismiss Vrozos’s crossclaim against Molson