Bray v Standard

Bray v Standard - BRAY v. STANDARD COMMERCIAL CORP. ONTARIO...

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BRAY v. STANDARD COMMERCIAL CORP. ONTARIO SUPERIOR COURT OF JUSTICE November 15, 2002 MISENER J.: 1. The applicant, Standard Commercial Corporation, ("Standard") is a limited company incorporated pursuant to the laws of the State of North Carolina, with its head office in that state. The respondent, James Henry Bray is a Canadian citizen and a resident of this province. Mr. Bray commenced this action against Standard on October 16, 2001. He claimed the sum of $2.2 million U.S. together with interest, alleging that that sum was owing to him as a consequence of certain contractual dealings between the two of them and third parties, and he claimed the further sum of $12 million U.S. as punitive damages for the harm suffered as a consequence of his loss of income and from the manner in which Standard carried on its business with certain of his clients. 2. The statement of claim was served upon Standard in the State of North Carolina, without a court order, and on December 12, 2001 this motion was brought. The motion seeks an order staying the action on the ground that this court lacks jurisdiction to adjudicate the claims asserted in it, and, in any event, that the court is not the appropriate forum for that adjudication. 3. I begin my review of the evidence tendered on this motion with a summary of the statement of claim. Mr. Bray was acting on his own behalf when he issued it, and it seems to me to be perfectly obvious that he drafted it without the assistance of counsel. It leaves a good deal to be desired. 4. He alleges in it that he resides at Port Stanley (in the County of Elgin) and carries on the business of "buying, selling and brokering" tobacco and tobacco products. He alleges that Standard is in the business of "the wholesaling of tobacco and tobacco products", that it sometimes carries on that business as "Standard Commercial Tobacco Corporation", (I shall refer to that entity henceforth as `Standard Tobacco') and that the business is carried on worldwide. 5. Mr. Bray bases his claim for the debt of $2.2 million U.S. on two contracts that he says he entered into with Standard. He alleges that the first contract was entered into in June 1992. By its terms, Mr. Bray was to be paid $.20 U.S. per pound of all tobacco sold to the Mohawk Nation. Mr. Bray alleges that he has not been paid his commission for the sale of one million pounds of the tobacco that was sold, and so $200,000 U.S. is owing with respect to that first contract. 6. Mr. Bray alleges that the second contract was entered into in 1994. By its terms, Mr. Bray was to be paid a commission of $.20 U.S. per pound for all tobacco sold to a firm known as Commonwealth Brands in the State of Kentucky. Mr. Bray alleges that he has not been paid his commission for the sale of 10 million pounds of the tobacco that was sold, and so $2 million U.S. is owing with respect to that second contract. 7.
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This note was uploaded on 03/08/2011 for the course MOS 276 taught by Professor King during the Spring '11 term at UWO.

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Bray v Standard - BRAY v. STANDARD COMMERCIAL CORP. ONTARIO...

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