NRF Distributors Inc. v. Starwood Manufacturing Inc.

NRF Distributors Inc. v. Starwood Manufacturing Inc.

There was no triable issue because there is no evidence of actual authority and no evidence that NRF made representations to Starwood that Korca was its agent; the emails relied on did not come from NRF to Starwood and arrived after contract formation, so summary judgment in favour of NRF was proper.

Citation
2009 ONCA 596
Parties
Plaintiff (respondent): NRF Distributors Inc.; Defendant (appellant): Starwood Manufacturing Inc.; Defendant (appellant): Peter Prytula; Defendant by Counterclaim: Korca Forest Products LLC; Defendant by Counterclaim: Lorenc Gaxha also known or formerly known as Lorenc Mention; Defendant by Counterclaim: Jeff King
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 July 2009
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Agency, Apparent Authority, Set Off, Payment, Inducement, Costs
Source Language
English
Civil Contract Agency Commercial Law Collections Summary Judgment Apparent Authority Set Off +3 more

Case Brief

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Parties

NRF Distributors Inc.

Plaintiff (respondent)

Starwood Manufacturing Inc.

Defendant (appellant)

Peter Prytula

Defendant (appellant)

Korca Forest Products LLC

Defendant by Counterclaim

Lorenc Gaxha also known or formerly known as Lorenc Mention

Defendant by Counterclaim

Jeff King

Defendant by Counterclaim

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Korca was NRF's agent
  2. 2 Whether there was a genuine issue for trial on agency
  3. 3 Whether Starwood could set off the payment against Korca's debts

Ratio Decidendi

There was no triable issue because there is no evidence of actual authority and no evidence that NRF made representations to Starwood that Korca was its agent; the emails relied on did not come from NRF to Starwood and arrived after contract formation, so summary judgment in favour of NRF was proper.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment granted by the motion judge is upheld