Ontario Business Corporations Act

Running head: CORPORATIONS LAW
CORPORATIONS LAW
Name of the Student:
Name of the University:
Author Note:

CORPORATIONS LAW1
Answer A.
1. a. The Manufacturing must consider whether such misrepresentation is innocent, negligent
or fraudulent. On the basis of this, it can seek a remedy against Product. b. However if there
is mistake, then remedies claimed can be rescission or damages in place of it or both.
2. it can either terminate the contract and claim damages for it.
Answer B.
1. Jeremy sue for $20,000 in Small Claims Court and not in BC Supreme Court because BC
Supreme Court hears cases that involve money above 25000 $ whereas Small Claims Court
hears cases having money claims below 25000 $. Hence Jeremy will sue in Small Claims
Court and not in BC Supreme Court due to the monetary limitation.
2. The Alternate dispute resolution method which is available to Small Claims Court is the
mediation. It is an alternate dispute resolution process where the parties in dispute
involve a neutral individual called the mediator for the purpose of supervising or
assessing their negotiating issues. The mediator often provides rules for the parties so that
they can interact with one another accordingly. The mediator even organizes meetings
and even set the meeting agenda. The mediators may even try persuading the parties to
proceed from a position win- loss to a position of win-win. The mediators also may bring
the parties together in a face to face process or may place them in separate rooms to
discuss and solve the matter in disputes in an amicable manner. The mediator has the job
to make sure that all the parties in the matter in issue are present during the negotiation
process together with any expert if required.

CORPORATIONS LAW2
3. The cost incurred to start a claim against a party includes instituting a case by paying the
required court fees.
4. Garnishment refers to a legal process by which monetary judgment can be collected from
the defendant on behalf of a plaintiff. The process of garnishment permits the plaintiff to
seek money or property belonging to the debtor from a person or association which holds
that particular property. In order to seek the remedy under garnishment, the judgment
creditor must obtain a garnishee order. A garnishee order refers to an order made by a
court that requires a person who has an obligation to pay money to the judgment debtor
called the garnishee to make payment of the money to the court. The court then pays it to
the judgment creditor.
5. In the case of Acklands-Grainger Inc. v. Ebco Industries Ltd., 2003 BCPC 330
(CanLII), it was held that the Laurentian Bank made an error by increasing the
indebtedness of Ebco under credit for covering up that shortfall present in the current
account of Ebco. Money paid by the bank to the Court as an effect of the garnishing order
must be repaid to Ebco.
Answer C.
1. If it is seen that Hygrade continues sending less ore than decided as per the contract
agreement, Ashtown may terminate the contract on the basis of breach of terms of contract. As
the terms of the contract are not followed by Hygrade, Ashtown can sue him too in the court for
the breach of contract and claim for damages. The damages available to the injured party due to
the breach of contract by other party are claiming damages for pecuniary loss, claiming damages
for non pecuniary loss and also claiming nominal damages.