2855-2578 Quebec Inc. v. YM Inc. (Sales)
The trial judge found the respondent agreed to reduce the price to $75 per jacket; the respondent was not permitted to resile from that general concession, so the $20 reduction applied to all jackets, entitling the respondent to a judgment of $104,240.35 including pre-judgment interest; appeal allowed and trial...
Source-derived case information.
- Citation
- C24527
- Parties
- Appellant: YM Inc. (Sales); Respondent: 2855-2578 Quebec Inc., c.o.b. Elite Imports/Les Importations Elite
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 9 December 1998
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal allowed; paragraph 1 of the trial judgment varied to judgment for the respondent in the amount of $104,240.35 including pre-judgment interest; appellant awarded costs of the appeal; respondent awarded costs of the trial.
- Legal Topics
- Price Adjustment, Rescission of Concession, Estoppel, Judgment for Debt, Costs, Pre Judgment Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
YM Inc. (Sales)
Appellant
2855-2578 Quebec Inc., c.o.b. Elite Imports/Les Importations Elite
Respondent
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether the respondent could resile from an agreed price concession
- 2 Whether the $20 per jacket reduction applied to all jackets sold
- 3 Entitlement to costs and pre-judgment interest
Ratio Decidendi
The trial judge found the respondent agreed to reduce the price to $75 per jacket; the respondent was not permitted to resile from that general concession, so the $20 reduction applied to all jackets, entitling the respondent to a judgment of $104,240.35 including pre-judgment interest; appeal allowed and trial judgment paragraph varied accordingly.
Court Disposition
Appeal allowed; paragraph 1 of the trial judgment varied to judgment for the respondent in the amount of $104,240.35 including pre-judgment interest; appellant awarded costs of the appeal; respondent awarded costs of the trial.
Orders
- Appeal allowed.
- Paragraph 1 of the judgment below varied to reflect judgment for the respondent in the amount of $104,240.35 including pre-judgment interest to the date of the trial judgment.
Full Case Text
Judgment text and source record
1 paragraphs
2855-2578 Quebec Inc. v. YM Inc. (Sales) Collection Decisions of the Court of Appeal Date 1998-12-09 Docket numbers C24527 Judges McMurtry, Roy; Osborne, Coulter Arthur Anthony; Feldman, Kathryn N. Subject Civil Decision Content DATE: 19981209 DOCKET: C24527 COURT OF APPEAL FOR ONTARIO RE: 2855-2578 QUEBEC INC., c.o.b. ELITE IMPORTS/LES IMPORTATIONS ELITE (Respondent) v. YM INC. (SALES) (Appellant) BEFORE: McMURTRY C.J.O., OSBORNE and FELDMAN JJ.A. COUNSEL: Joel Goldenberg For the appellant Drazen Bulat For the respondent HEARD: December 1, 1998 ENDORSEMENT [1] The trial judge accepted the appellant retailer’s evidence that the respondent wholesaler agreed to reduce the price of the leather jackets sold by the respondent to the appellant from $95 to $75 per jacket. The evidence of Mr. Goldgrub supported that finding. [2] Although the trial judge accepted Mr. Goldgrub’s evidence about the adjustment to the deal that he made with the respondent, the trial judge permitted the respondent to resile, in part, from the price concession that he had granted the appellant. In particular, the trial judge found that the $20 per unit price reduction should apply only to those jackets sold between April 25, 1993 and June 20, 1993. [3] The respondent contends that in the circumstances (circumstances that have to do with the collapse of an on-going business relationship between the appellant and the respondent), the respondent was entitled to change his position with respect to the price to be paid by the appellant for the jackets. We do not agree. [4] In light of the trial judge’s finding of fact, we think that the appellant was entitled to a $20 per jacket reduction on all of the jackets. The respondent should not be entitled to resile from his general concession, as found by the trial judge, on the price to be paid by the appellant for the jackets. [5] Accordingly, the appeal is allowed. Paragraph 1 of the judgment below is varied to reflect judgment for the respondent in the amount of $104,240.35, including pre-judgment interest to the date of the trial judgment. The appellant is entitled to costs of the appeal. Since the appellant did not complete payment for the jackets, even at the reduced price, the respondent is entitled to costs of the trial.