Ontario Civil


Individual defendants gave no indication they were agents for another party

Plaintiff brought claim for unpaid balance of two accounts for marketing services rendered, in total amount of $14,139.69. Plaintiff alleged that its contract was with individuals defendants and that it did not know until after contract formation that there was alleged to be corporation involved. Additionally or alternatively they have sued defendant numbered company. Individual defendants claimed they had no liability in matter, but admitted that plaintiff was owed amount of $4,230.33. Action allowed. Corporate defendant’s client services manager authorized work performed by plaintiff. Defendants never complained about invoices until matter was brought to court. Plaintiff was entitled to judgment on its claim for $14,139.69. Individual defendants gave no indication they were agents for another party or parties nor that incorporated entity was involved. It was reasonable for plaintiff to perceive and to believe that it was contracting with those two individuals carrying on business in their own right when it contracted for services giving rise to invoices. Judgment was granted against individual defendants only.

Mad Hatter Technology Inc. v. Short (May. 10, 2014, Ont. S.C.J., J. Sebastian Winny D.J., File No. Kitchener 1974/13, 1974D1/13) 240 A.C.W.S. (3d) 861.

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