Beattie (Brian) Motors Ltd. (Bankrupt) v. Booth et al., (1996) 16 O.T.C. 19 (GD)

• Judge: Métivier, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 23, 1996
• Jurisdiction: Ontario
• Citations: (1996), 16 O.T.C. 19 (GD)

Beattie Motors Ltd. v. Booth (1996), 16 O.T.C. 19 (GD)

MLB headnote and full text

Peat Marwick Thorne Inc. (plaintiff) v. Terry Booth, T. Booth Holdings Ltd., Michel Labelle and Arnprior Ford Mercury Sales Ltd. (defendant)

(Court File No. 66895/92)

Indexed As: Beattie (Brian) Motors Ltd. (Bankrupt) v. Booth et al.

Ontario Court of Justice

General Division

Ottawa

Métivier, J.

October 23, 1996.

Summary:

A vendor sold a car dealership. The purchasers obtained all the assets. The vendor went bankrupt. The vendor's trustee in bankruptcy sued the purchasers for monies owing on the purchase. The purchasers alleged payment of the balance by way of various set-offs. The issues were (1) who were the proper parties before the court and should the action be dismissed as against any of the defendants and (2) what, if any, set-offs should be allowed in order to determine the balance, if any, of the purchase price.

The Ontario Court (General Division) determined the issues accordingly.

Company Law - Topic 310

Nature of corporations - Lifting the corporate veil - General - See paragraphs 18 to 21.

Practice - Topic 1843

Pleadings - Counterclaim and set-off - Set-off - Circumstances when set-off can or cannot be claimed - See paragraphs 22 to 42.

Practice - Topic 5384

Dismissal of action - Application or motion for dismissal - Circumstances when granted - See paragraphs 17 to 21.

Cases Noticed:

Marvco Color Research Ltd. v. Harris and Harris, [1982] 2 S.C.R. 774; 45 N.R. 302; 141 D.L.R.(3d) 577; 26 R.P.R. 48; 20 B.L.R. 143, refd to. [para. 22].

Counsel:

John Hollander, for the plaintiff;

Shawn O'Connor, for the defendants.

This case was heard before Métivier, J., of the Ontario Court (General Division), who delivered the following judgment on October 23, 1996.