Travelbrands Inc. v. Bramalea Travel Centre Inc.

Travelbrands Inc. v. Bramalea Travel Centre Inc.

The motion judge properly concluded on the evidentiary record that Bramalea acted as the purchaser (not merely as a middle man/agent) and therefore was liable for the invoices; summary judgment was appropriate and should be upheld.

Citation
2019 ONCA 404
Parties
Plaintiff (respondent): Travelbrands Inc.; Defendant (appellant): Bramalea Travel Centre Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 May 2019
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Agency, Purchase and Sale, Costs
Source Language
English
Civil Collections Contract Summary Judgment Agency Purchase and Sale Costs

Case Brief

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Parties

Travelbrands Inc.

Plaintiff (respondent)

Bramalea Travel Centre Inc.

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate despite alleged deficient record
  2. 2 Whether Bramalea acted as agent/middleman or as purchaser of travel products
  3. 3 Whether Bramalea was liable for invoices issued by Travelbrands

Ratio Decidendi

The motion judge properly concluded on the evidentiary record that Bramalea acted as the purchaser (not merely as a middle man/agent) and therefore was liable for the invoices; summary judgment was appropriate and should be upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment in favour of respondent upheld