A short case summary

Identify the parties involved in the case

Determine the aspect of law illustrated in the case

Outline the arguments on both sides as lawyers would do in a court of law. Raise the points of law and any precedent cases related to the case.

A short presentation of the analysis

Case 4

Lasby v. Royal City Chrysler Plymouth (1987), 37 D.L.R. (4th) 243 (Ont. H.C.J.).

Mrs. Lasby bought a used car from a dealer when the salesman, Mr. McDonald, told her that it had been driven by one of the dealership's executives and had a powerful six-cylinder engine. She had refused other cars because she wanted a six-cylinder car. The next day when she noticed the car was only a four-cylinder engine, she called the salesman. He told her that Chrysler no longer made a six-cylinder and that a four-cylinder was the biggest engine they made. In fact, that was false, as Mrs. Lasby found out later from her mechanic. It turned out that the car had not been executive-driven; it had been leased and had only a 2.2-litre, four-cylinder engine (instead of the larger 2.6-litre engine). She demanded her money back, but the sales manager refused, saying she had bought the car and that was that." The salesman denied ever having made false statements to her, and the company refused any remedy. Mrs. Lasby brought this action and continued to drive the car. By the time it got to court 22 months after the purchase, the car had 40 000 kilometres on it. Explain the likely outcome of the action and the appropriate remedy if Mrs. Lasby wins.

Case 5

Ocean City Realty Ltd. v. A & M Holdings Ltd. et al. (1987), 36 D.L.R. (4th) 94 (B.C.C.A.).

Mrs. Forbes was a salesperson working for Ocean City Realty when she arranged for Halbower to purchase commercial property in Victoria from A & M Holdings. But in order for the deal to proceed, the purchaser, Halbower, insisted that Mrs. Forbes surrender half of her commission to them. She agreed to do this but did not inform the seller. Even though A & M Holdings didn't lose any money in the process, when they found out about the agree- ment to pay over half the commission to the purchaser they refused to pay any commission to the agent. Explain the basis for their complaint and the likelihood of success.