Boris Rentals and Construction Ltd. et al. v. Morin, (1981) 12 Man.R.(2d) 52 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: June 02, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 52 (CoCt)

Boris Rentals & Constr. v. Morin (1981), 12 Man.R.(2d) 52 (CoCt)

MLB headnote and full text

Boris Rentals and Construction Ltd. and S & S Equipment Rentals and Construction Ltd. v. Morin

Indexed As: Boris Rentals and Construction Ltd. et al. v. Morin

Manitoba County Court

Krindle, C.C.J.

June 2, 1981.

Summary:

Two construction companies sued the defendant for monies owing for the construction of a parking lot on the defendant's property. The defendant claimed the plaintiffs had no capacity to bring the action and also claimed damages for faulty workmanship.

The Manitoba County Court allowed the plaintiffs' action and dismissed the defendant's claim for damages.

Company Law - Topic 1270

Incorporation and organization - Preincorporation contracts - Persons entitled to sue on - The Manitoba County Court held that the intended corporate shareholders of a company, which was not yet incorporated, were entitled to sue on a contract entered into by their agent in the name of the company - See paragraphs 6 and 9.

Company Law - Topic 1263

Incorporation and organization - Preincorporation contracts - Personal liability of agents - The Manitoba County Court stated that a person who entered into a contract on behalf of a company not yet incorporated could sue or be sued on the contract - Corporations Act, S.M. 1976, c. 40, s. 14(1) - See paragraphs 7 to 8.

Practice - Topic 182

Persons who can sue and be sued - Partnerships - Action by - In whose name - The Manitoba County Court stated that partners carrying on a business may sue using only their business name, as partners carrying on business under a particular name, or as partners with no description of their business name - Queen's Bench Rules (Man.), Rule 82(1) - See paragraph 10.

Statutes Noticed:

Corporations Act, S.M. 1976, c. 40, sect. 14(1) [para. 7].

Queen's Bench Rules (Man.), rule 82(1) [para. 10].

Counsel:

Douglas Hoffer, for the plaintiffs;

M.S. Corne, Q.C., for the defendant.

This action was heard before KRINDLE, C.C.J., of the Manitoba County Court. The decision of KRINDLE, C.C.J., was delivered on June 2, 1981: