Turner (G.W.) Ltd. v. Lauze et al., (1981) 25 Man.R.(2d) 35 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: January 30, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 25 Man.R.(2d) 35 (CoCt)

Turner Ltd. v. Lauze (1981), 25 Man.R.(2d) 35 (CoCt)

MLB headnote and full text

G.W. Turner Ltd. v. Lauze and Sunshine Travel Centre Ltd.

Indexed As: Turner (G.W.) Ltd. v. Lauze et al.

Manitoba County Court

Krindle, C.C.J.

January 30, 1981.

Summary:

Lauze arranged for a plumber to do the plumbing on a building being built by Lauze's company. The plumber was not told that he was actually working for the corporation. When the plumber's bill was not paid, he sued Lauze personally. Lauze argued that he could not be held personally liable because he contracted solely as agent for the company.

The Manitoba County Court held that Lauze was personally liable.

Company Law - Topic 4805

Contracts by companies - Contracts by agents - Notice of agency - Lauze hired a plumber to do work for Lauze's company - The plumber was not notified that he was working for a company other than he was paid by company cheques - When the plumber's bill was not paid, the plumber sued Lauze personally - Lauze argued that he was not liable, because he was acting as agent for the company - The Manitoba County Court allowed the plumber's claim - The court stated that Lauze had not discharged the burden of proving that the plumber was aware that Lauze was acting as the company's agent - See paragraphs 20 to 23.

Cases Noticed:

Sbrocchi v. Moss, [1934] 4 D.L.R. 80 (N.S.C.A.), folld. [para. 21].

Doig v. Holley (1884), Man. R. 61, folld. [para. 22].

Counsel:

K. Kirby, for the plaintiff;

D. Knight, for the defendants;

R. Sokalski, for Imperial Oil Ltd.

This case was heard before Krindle, C.C.J., of the Manitoba County Court, who delivered the following judgment on January 30, 1981: