Westwood Shipping Lines Inc. v. Geo International Inc.
T-359-98
Rothstein J.
23/3/99
17 pp.
Action for fraudulent misrepresentation against defendant Garry Huntley, General Manager of defendant Geo International Inc.-Plaintiff ocean carrier from China to Canada of three containers of hiker shoes-Goods reached Vancouver in early November 1997, transported by rail to Toronto-Bills of lading covering shipments delivered to shipper Yancheng Eagle Shoes Co. Ltd.-On November 1, 1997, Huntley called Nikki Lawson, Import Customer Services Representative of plaintiff-On November 3, 1997, Huntley faxed copy of cheque for $1,180 for freight, terminal charges with request for pick-up numbers-With pick-up numbers, Geo obtained release of two containers of hiker shoes from railway company-Plaintiff's usual business practice not to provide pick-up numbers without receipt of original endorsed bills of lading-Original endorsed bills of lading never provided to plaintiff by Geo-Geo never received them nor did it pay Yancheng for goods-Yancheng claimed for loss against plaintiff-Claim settled for US $155,000-Plaintiff suffering loss in total sum of US $165, 450-Amount not contested by Huntley-Whether Huntley made fraudulent misrepresentation to Lawson to induce her to release goods to Geo-Fraudulent misrepresentation representation of fact made without belief as to its truth, made recklessly without regard to whether true or false, and causing person to whom made to act on it-Whether Huntley knowingly, recklessly made false statement when speaking to Lawson, obtaining pick-up numbers so that goods released to Geo-Defendant in contested trial will rarely, if ever, admit all ingredients of fraudulent misrepresentation-Geo in financial difficulty-Huntley admitted telling Lawson Yancheng goods needed urgently-Evidence not demonstrating Huntley's communications with Lawson part of pattern of fraud which defendants engaged in to obtain possession of goods without payment-Case not beyond doubt-On balance of probabilities, plaintiff has not satisfied onus of proving all components of fraudulent misrepresentation proven against Huntley-No evidence Huntley involved in refusal to return goods, in sale, in receipt and retention of proceeds of sale-Not liable in conversion-Action dismissed.