M.A. Concrete Ltd. v. Truter et al., 2016 BCCA 138
| Judge | Newbury, Tysoe and Fitch, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | February 17, 2016 |
| Jurisdiction | British Columbia |
| Citations | 2016 BCCA 138;(2016), 385 B.C.A.C. 152 (CA) |
MA Concrete Ltd. v. Truter (2016), 385 B.C.A.C. 152 (CA);
665 W.A.C. 152
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. AP.004
M.A. Concrete Ltd. (respondent/plaintiff) v. Patricia-Ann Truter and AvantGarde Coatings Inc. (appellants/defendants) and Steven Schwartz (respondent/defendant by counterclaim)
(CA42642; 2016 BCCA 138)
Indexed As: M.A. Concrete Ltd. v. Truter et al.
British Columbia Court of Appeal
Newbury, Tysoe and Fitch, JJ.A.
March 29, 2016.
Summary:
This litigation arose out of the attempted sale and purchase of a business. The vendor (M.A. Concrete Ltd.) sued the purchaser (Truter) et al., alleging breach of contract and fiduciary duty. The purchaser counterclaimed, alleging defamation.
The British Columbia Supreme Court, in a decision with neutral citation 2015 BCSC 229, awarded damages to both sides on the main claim. In the result, only $1,815.93 was owned by the defendants to the vendor. The court also allowed the defamation claim, awarding $25,000 in favour of Truter. The plaintiff was awarded 75% of its taxable costs and disbursements at Scale B (2015 BCSC 829). Truter appealed.
The British Columbia Court of Appeal, with the exception of costs, dismissed the appeal. The court left the costs award in the main action intact, but awarded the defendants 75% of their costs on the counterclaim.
Equity - Topic 3655
Fiduciary or confidential relationships - Breach of fiduciary relationship - Damages - See paragraphs 16 to 23.
Equity - Topic 3716.3
Fiduciary or confidential relationships - Commercial relationships - Appropriating corporate opportunity - See paragraphs 7 to 15.
Counsel:
P. Truter, appellant, appearing in person;
D. Parlow, for the respondents.
This appeal was heard in Vancouver, B.C., on February 17, 2016, before Newbury, Tysoe and Fitch, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court on March 29, 2016, by Newbury, J.A.
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2023 BCSC 926,
...appeal, the Court of Appeal contrasted ripe opportunities with “theoretical possibilities”: M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 122 In Movassaghi v. Steels Industrial Products Ltd., 2012 BCSC 1663 at para. 237, the Court held the opportunity was not mature as ......
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Sather Ranch Ltd v Sather,
...appeal, the Court of Appeal contrasted ripe opportunities with “theoretical possibilities”: M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 122 In Movassaghi v. Steels Industrial Products Ltd., 2012 BCSC 1663 at para. 237, the Court held the opportunity was not mature as ......
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The Owners, Strata Plan K855 v. Big White Mountain Mart Ltd., 2017 BCCA 438
...[1997] B.C.J. No. 2586 (S.C.), aff’d 2001 BCCA 334; Brown v. Boyar, 2009 BCSC 1603 at paras. 5‑7.[56] In M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 37, this Court held that the trial judge erred in principle in failing to craft a costs award that took into account the defendants’ ......
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HG Bliss Projects Inc. v. Taylor, 2018 BCSC 1581
...of the action and the plaintiff the costs of the counterclaim, to be set off against each other. [146] In M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 37, the court held that the trial judge erred in principle in failing to craft a costs award that took into account the defendants’ ......
-
2023 BCSC 926,
...appeal, the Court of Appeal contrasted ripe opportunities with “theoretical possibilities”: M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 122 In Movassaghi v. Steels Industrial Products Ltd., 2012 BCSC 1663 at para. 237, the Court held the opportunity was not mature as ......
-
Sather Ranch Ltd v Sather,
...appeal, the Court of Appeal contrasted ripe opportunities with “theoretical possibilities”: M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 122 In Movassaghi v. Steels Industrial Products Ltd., 2012 BCSC 1663 at para. 237, the Court held the opportunity was not mature as ......
-
The Owners, Strata Plan K855 v. Big White Mountain Mart Ltd., 2017 BCCA 438
...[1997] B.C.J. No. 2586 (S.C.), aff’d 2001 BCCA 334; Brown v. Boyar, 2009 BCSC 1603 at paras. 5‑7.[56] In M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 37, this Court held that the trial judge erred in principle in failing to craft a costs award that took into account the defendants’ ......
-
HG Bliss Projects Inc. v. Taylor, 2018 BCSC 1581
...of the action and the plaintiff the costs of the counterclaim, to be set off against each other. [146] In M.A. Concrete Ltd. v. Truter, 2016 BCCA 138 at para. 37, the court held that the trial judge erred in principle in failing to craft a costs award that took into account the defendants’ ......