Lewis-Choi Enterprises Ltd. v. Western Glove Works Ltd., (1993) 126 N.S.R.(2d) 60 (CA)

• Judge: Jones, Matthews and Chipman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 22, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 126 N.S.R.(2d) 60 (CA)

Lewis-Choi Ent. v. Western Glove (1993), 126 N.S.R.(2d) 60 (CA);

  352 A.P.R. 60

MLB headnote and full text

Lewis-Choi Enterprises Limited (appellant) v. Western Glove Works Limited (respondent)

(C.A. No. 02843)

Indexed As: Lewis-Choi Enterprises Ltd. v. Western Glove Works Ltd.

Nova Scotia Court of Appeal

Jones, Matthews and Chipman, JJ.A.

October 7, 1993.

Summary:

A sales agent sued a clothing manufacturer for com­missions allegedly owing under a written agency contract. The clothing manu­facturer sought re­scission of the contract on the basis of neg­ligent or fraudulent misrep­resentation, or waiver or estoppel.

The Nova Scotia Supreme Court, Trial Division, in a decision reported at 121 N.S.R.(2d) 1; 335 A.P.R. 1, dismissed the agent's action and allowed the clothing manufacturer to rescind the contract because it had been induced to enter the contract by a misrepresentation. The agent appealed.

The Nova Scotia Court of Appeal allowed the appeal and awarded the agent damages.

Fraud and Misrepresentation - Topic

2506

Misrepresentation - Innocent misrepresen­tation - After years under a verbal agreement a sales agent and a clothing manufacturer entered a written agency contract - The clothing manufacturer claimed that he entered the written con­tract because the agent required one to partici­pate in trade shows in the Atlantic prov­inces held by the National Garment Sales­men's Association - The agent knew a written contract was not required but did not tell the manufacturer - The Nova Scotia Court of Appeal held that the agent made an inno­cent misrepresenta­tion, but, based on the evidence, it was not a material inducement respecting the obli­gations undertaken in the contract.

Authors and Works Noticed:

Trietel, G.W., Law of Contract (8th Ed. 1991), p. 301 [para. 18].

Counsel:

Jonathan C.K. Stobie, for the appellant;

R.A. Cluney, Q.C., and Christopher C. Robinson, for the respondent.

This appeal was heard on September 22, 1993, by Jones, Matthews and Chipman, JJ.A., of the Nova Scotia Court of Appeal. The decision of the court was delivered by Chipman, J.A., on October 7, 1993.