Burnaby (City) v. Mobilecom Radio Company Ltd.

Burnaby (City) v. Mobilecom Radio Company Ltd.

The summary judgment application is dismissed because the matters involve serious, contested allegations (including fraud), conflicting evidence on central issues (Industry Canada approval and sourcing), and the interests of justice require viva voce evidence and cross-examination; therefore a conventional trial is...

Source-derived case information.

Citation
2014 BCSC 1961
Parties
Plaintiff/defendant by Counterclaim: City of Burnaby; Defendant/plaintiff by Counterclaim: Mobilecom Radio Company Ltd.; Defendant: Marcus Chee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 July 2014
Procedural Posture
Contract and Tort (negligent and Fraudulent Misrepresentation) / Application for Summary Judgment
Outcome
application for summary judgment dismissed
Legal Topics
Breach of Contract, Negligent Misrepresentation, Fraudulent Misrepresentation, Industry Canada Approval, Grey Market Equipment Sourcing, Summary Judgment Procedure, Costs
Source Language
english
Contract Tort Civil Procedure Administrative/regulatory Law Breach of Contract Negligent Misrepresentation Fraudulent Misrepresentation Industry Canada Approval +3 more

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Parties

City of Burnaby

Plaintiff/defendant by Counterclaim

Mobilecom Radio Company Ltd.

Defendant/plaintiff by Counterclaim

Marcus Chee

Defendant

Procedural Posture

Contract and Tort (negligent and Fraudulent Misrepresentation) / Application for Summary Judgment

Legal Issues

  1. 1 Whether defendants are liable for breach of contract for supplying relabeled radio equipment
  2. 2 Whether defendants made negligent or fraudulent misrepresentations about Industry Canada approval
  3. 3 Whether Industry Canada approval was required and whether representations about it were false

Ratio Decidendi

The summary judgment application is dismissed because the matters involve serious, contested allegations (including fraud), conflicting evidence on central issues (Industry Canada approval and sourcing), and the interests of justice require viva voce evidence and cross-examination; therefore a conventional trial is required.

Court Disposition

application for summary judgment dismissed

Orders

  • Summary judgment application dismissed
  • Costs of this application to be costs in the cause