Maschera Skin Care Inc. v. Lawton's Drug Stores Ltd.

Maschera Skin Care Inc. v. Lawton's Drug Stores Ltd.

Adjudicator preferred the evidence of the former category manager and found a binding verbal agreement (ostensible authority) that the racks remained claimants' property; Lawton's was liable for conversion for racks disposed of and damages were calculated at 16 racks x $320 x 75% = $3,840; the court allowed substitution of the corporate claimant name.

Citation
2018 NSSM 2
Parties
Claimant: Maschera Skin Care Inc.; Defendant: Lawton's Drug Stores Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 January 2018
Procedural Posture
Small Claims Court / Decision (judgment)
Outcome
Judgment for Maschera Skin Care Inc. for damages and costs; claimant name amended from individual to Maschera Skin Care Inc.
Legal Topics
Conversion, Ownership of Chattels, Verbal Agreement/consignment, Damages, Amendment/substitution of Party
Source Language
English
Tort Property Commercial/contract Corporate Law Conversion Ownership of Chattels Verbal Agreement/consignment Damages +1 more

Case Brief

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Parties

Maschera Skin Care Inc.

Claimant

Lawton's Drug Stores Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision (judgment)

Legal Issues

  1. 1 Whether the display racks were sold to the defendant or remained the property of the claimant
  2. 2 Whether a verbal agreement with a company employee bound Lawton's
  3. 3 Whether the claimant could sue personally rather than the corporation

Ratio Decidendi

Adjudicator preferred the evidence of the former category manager and found a binding verbal agreement (ostensible authority) that the racks remained claimants' property; Lawton's was liable for conversion for racks disposed of and damages were calculated at 16 racks x $320 x 75% = $3,840; the court allowed substitution of the corporate claimant name.

Court Disposition

Judgment for Maschera Skin Care Inc. for damages and costs; claimant name amended from individual to Maschera Skin Care Inc.

Orders

  • Judgment for Maschera Skin Care Inc. in the amount of $3,840.00 for damages
  • Costs awarded to Maschera Skin Care Inc. in the amount of $199.35 for claim issuance