1. Who is in the court, and which court are they in?
This case is in Ontario Court of Justice, before Justice W.A. Jenkins. Lucy Lee, for the Plaintiff and there is no appearance, for the defendant. It was heard at London, January 10, 2005.
2. What is the central legal issue or dispute. If there are two, what are they?
Central legal issue or dispute is that plaintiff sues the defendant for damages for breach of contract.
3. Describe the facts, how this court case started and why?
Dr. Vernon Robertshaw the plaintiff is a veterinarian and lives in the town of Aylmer and practicing in the province of Ontario with two other veterinarians.
On March 3, 1995 Dr. Vernon Robertshaw leased a Fluoroscan imaging machine from Fluoroscan Imaging Systems Inc. of Northbrook, Illinois. Dr. Vernon Robertshaw paid a deposit of $1,579.52 U.S and was to pay monthly rental of $686.75 U.S for 60 months.
The said machine was unique and it was designed to produce continuous images. Unfortunately machine did not work and plaintiff returned it to defendant for repair three times during the first year.
Defendant was unable to correct the defects of that machine and he assigned the lease to Trans Leasing International that company bought out by General Electrical Capital Corporation.
The plaintiff could not get out the lease. So General Electric Capital Corporation sued him in the state of Illinois. At last he settled to pay $36,371.90 U.S plus cost of $3000.00 payable in Canadian currency to General Electric Capital Corporation.
Because Fluoroscan machine never worked. So plaintiff seeks to recover from defendant Fluoroscan Imaging Systems Inc. the monthly payments it made totalling $14,000.00 Canadian, plus the amount of the settlement with general Electric Capital Corporation being $55,000.00 Canadian, plus mileage incurred by the plaintiff to return the machine for repairs in the amount of $3,140.00 and purolator charges of...