Kuhn v. Union Securities Ltd.

Kuhn v. Union Securities Ltd.

The appeal was dismissed because the trial judge correctly found the November 1, 1996 memorandum completed the September 27, 1996 letter to form the binding employment agreement (including a guarantee permitting deduction of client bad debts from the reserve account), and correctly exercised credibility findings in rejecting an alleged oral promise and in holding Ratzlaff had not established she was excused from tendering the debt before claiming conversion.

Citation
2003 BCCA 683
Parties
Appellant (plaintiff): Brian Kuhn; Appellant (plaintiff): Dana Ratzlaff; Respondent (defendant): Union Securities Ltd.; Respondent (defendant): Rex Thompson
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
10 December 2003
Procedural Posture
Civil Appeal — Conversion and Contract (employment/securities) / Court of Appeal Judgment on Appeal From Supreme Court of British Columbia
Outcome
Appeal dismissed
Legal Topics
Wrongful Conversion, Guarantee of Client Debts, Consideration, Oral Modification of Contract, Reserve Account, Creditor Set Off, Trial Judge Credibility Review, Tender Requirement
Source Language
English
Contract Law Tort (conversion) Securities Law Employment Law Wrongful Conversion Guarantee of Client Debts Consideration Oral Modification of Contract +4 more

Case Brief

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Parties

Brian Kuhn

Appellant (plaintiff)

Dana Ratzlaff

Appellant (plaintiff)

Union Securities Ltd.

Respondent (defendant)

Rex Thompson

Respondent (defendant)

Procedural Posture

Civil Appeal — Conversion and Contract (employment/securities) / Court of Appeal Judgment on Appeal From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the memoranda formed part of the employment contract and whether the guarantee of client bad debts was supported by consideration
  2. 2 Whether respondent converted appellant Ratzlaff's shares by selling them without her consent and whether she had to tender payment to maintain a conversion claim

Ratio Decidendi

The appeal was dismissed because the trial judge correctly found the November 1, 1996 memorandum completed the September 27, 1996 letter to form the binding employment agreement (including a guarantee permitting deduction of client bad debts from the reserve account), and correctly exercised credibility findings in rejecting an alleged oral promise and in holding Ratzlaff had not established she was excused from tendering the debt before claiming conversion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed