Defendant acted in callous and high-handed manner

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.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Information and Privacy Commissioner calls for retention of public input in Policing Act amendments

Ontario Superior Court confirms party’s entitlement to broad medical and rehabilitation benefits

Ontario Court of Appeal upholds estate's right to full range of damages in a vehicle accident case

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers

Most Read Articles

Legal groups voice concerns over Ford repeatedly saying he wants 'like-minded' judges

COVID-vaccine skeptic doctor loses anti-SLAPP case at Court of Appeal

Legal Innovation Zone launches program to help legal tech entrepreneurs turn ideas into businesses

Upcoming FACL conference focused on AI’s impact on profession, advancing careers of Asian lawyers