Ontario Civil


Contracts

DAMAGES
Defendant acted in callous and high-handed manner

Action by plaintiff for damages for breach of contract and conversion. Plaintiff decided to close her gift shop. Defendant agreed to sell plaintiff’s inventory on eBay for 33-per-cent commission. Majority of plaintiff’s inventory was never listed on eBay. Defendant failed to respond to messages from plaintiff. Defendant ended up throwing out majority of plaintiff’s inventory. Plaintiff never received any payment or accounting. Action allowed. Plaintiff was awarded $44,632.05 for compensatory damages and $10,000 for aggravated/punitive damages. Defendant had acted in callous and high-handed manner. Defendant had dealt with plaintiff’s inventory without any regard to plaintiff’s legitimate interest. Defendant had also persistently failed to respond to plaintiff’s repeated requests to ascertain status and whereabouts of her inventory. Such conduct was worthy of condemnation. Lauzon v. There It Was Gone Inc. (June 19, 2012, Ont. S.C.J., Broad J., File No. C-344-09) 218 A.C.W.S. (3d) 327 (27 pp.).

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