Question
Portable Electric Inc. has a contract with WeSolve Manufacturing Solutions Incorporated (WeSolve). Both companies are based in BC. Under the contract, WeSolve manufactures the portable
Portable Electric Inc. has a contract with WeSolve Manufacturing Solutions Incorporated ("WeSolve"). Both companies are based in BC. Under the contract, WeSolve manufactures the portable electricity generators that Portable Electric Inc develops so that Portable Electric Inc. can then sell them to retailers and, through its online operations, to end-users. Portable Electric Inc. and WeSolve have been in business together for 10 years and so far have had an excellent working relationship. Portable Electric Inc. is WeSolve's biggest client. Before establishing their relationship with WeSolve, Portable Electric Inc. worked with a variety of other manufactures but very few were able to successfully manufacture the prototype. Of those that were available, WeSolve was the only local company that was successfully able to do so. WeSolve was supposed to have a new prototype manufactured and delivered to a recent trade show but supply acquisition, due to Covid-19 delayed its completion and the prototype was not ready in time for the trade show. Portable Electric Inc. likely lost the opportunity to attract a number of sales contracts as a result. As such, Portable Electric Inc. feels that WeSolve should compensate it for some of its loss of business and the delayed supply of the new prototype.
If Portable Electric Inc. were to sue WeSolve, what court and jurisdiction should they start their action in and why? What legal document would they use to commence the lawsuit? How long do they have to start the action (be specific) and what legal documents should WeSolve use to respond? What do you think the likelihood of Portable Electric Inc.'s success would be and if they were successful, how would they be compensated? What would have been a better alternative to a civil litigation claim and why
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