What area of contract law did you choose?
Corporate and commercial - Illegal contracts
Which court is the case in?
Alberta Queen's Bench
Is it a trial decision or appeal?
It is a trial decision.
What are the facts about the case? (Provide an accurate summary)
The plaintiff, Mr. McCardell purchased a used Mercedes Benz from an individual who used his corporation as a front. When the plaintiff was negotiating the purchase of the car, he thought that the defendant, Aldo Tisi owned the vehicle. Aldo Tisi is the director and sole shareholder of the corporate defendant, Tisi Holdings Co. Inc. The plaintiff drove the car for about 2 months and then he found out that the car was not in mint condition and that the mileage was incorrect. He stopped driving the car when he found out and sued for rescission. He also found out that the defendant was not a licensed automotive dealer and that this was not the only car the defendant had sold.
Were all the facts agreed to or did the judge decide disputed facts?
All the facts were agreed to by the judge.
If so, what facts did the judge decide on?
All the facts were agreed to by the judge. The sale was not an isolated transaction and had sold many cars in the past making them a retail automotive business. Also the contract was illegal and therefore rescission was possible for the plaintiff. The retail automotive business was unlicensed.
What legal issues had to be decided?
Whether the contract was legal.
If the contract was deemed illegal, then can rescission be claimed?
Can the corporate veil be lifted?
What did the judge decided on the legal issues?
The contract was deemed to be illegal. The reason is because the defendant was found...