Man who never received the 138 bottles of wine he paid $85K for in 'off the books' sale has B.C. court case dismissed
Man who never received the 138 bottles of wine he paid $85K for in 'off the books' sale has B.C. court case dismissed
A man who paid $85,000 for 138 bottles of wine more than a year and a half ago says he never received them, and he has lost his most recent bid to get his money back through the courts.
A judgment posted online Tuesday describes what the B.C. Supreme Court heard about the case earlier this month.
In November of 2020, Moez Kassam, described as a "business person and wine collector" who lives in Ontario, ordered the bottles of burgundy from a man named Brian Gunsten, who lives in Alberta.
HOW DID THE CASE END UP IN A B.C. COURT?
The case came before B.C. judge Andrew Mayer because Kassam was trying to sue a company called Dream Wines Corporation, an Alberta company that has its head office in North Vancouver. At the time of the transaction, Gunsten worked for that company.
Gunsten was also named in the suit but never filed a response and did not attend the hearing, and the court was advised that he is "now bankrupt," Mayer said.
Kassam argued, court documents show, that Dream Wines should be held "vicariously liable" for the actions of its employee and ordered to pay him $85,000 plus interest and court costs.
It was an argument the judge roundly rejected, siding with the company and granting its application to dismiss the claim.
THE COMPANY'S ARGUMENT
The company argued that not only did it have no involvement in the contract between Kassam and Gunsten, but that the deal itself was so "tainted with illegality" that enforcing it would be against "public policy," the judge summarized. To support that claim the company pointed out that there was no GST or PST on the invoice, and that the wine would have been shipped between provinces in defiance of Ontario's liquor control legislation.
The company also told the court that Gunsten was fired in 2021 because he was "moonlighting" by making these kinds of side sales.
Kassam's attempts to get reimbursed by Gunsten directly continued in a series of text messages that happened after Gunsten was fired, something Kassam admitted he was aware of. Two payments – of $1,500 and $200 respectively – were also accepted by Kassam as partial reimbursement.
"Mr. Kassam did not reach out to the president of Dream Wines, Eric Tetrault, until May 12, 2021 – approximately five months after his company forwarded $85,000 to Mr. Gunsten," the court decision says.
Kassam told the court that Gunsten communicated with him using his work email address, arguing that implicated the company in the deal. Further, he said "subjectively believed that he was entering into a contract with Dream Wines," the court heard.
'OFF THE BOOKS' SALE
The judge also looked at a prior deal made between Kassam and Gunsten in which 18 bottles of wine were sold for $50,000. That sale was completed and the court noted the payment was wired to Gunsten's personal bank account.
The invoice in that case was issued by Gunsten and -- like the transaction being considered by the court -- did not include federal or provincial sales tax, which the judge found indicated it was "off the books."
Additional evidence presented by the company showed that they do not sell wine directly to individuals and that none of the bottles Kassam purchased or tried to purchase were ever listed for sale on their website.
WHAT HAPPENED TO THE WINE?
Kassam also alleged that Gunsten, and by extension the company, engaged in "conversion."
"(This) occurs when a person without authority or permission wrongfully interferes with the goods of another, such as by taking their goods," the judge explained.
"Having the funds of another person, without that person’s permission, and without such possession being pursuant to any legal entitlement amounts to conversion."
However, since Kassam entered the contract willingly and because there was no evidence Gunsten used the money for his own gain or withheld the wine, the judge dismissed this claim.
"The documentary evidence suggests that Mr. Gunsten paid for the wine using the $85,000 provided by Anson Advisors Inc. but the wine shipment was damaged and sent back. The evidence also suggests that Mr. Gunsten was seeking to obtain a return of the $85,000 which would be reimbursed. This never occurred," the decision reads.
An Amber Alert was issued for two-year-old Holdan Keewatin Sunday afternoon, after the Regina Police Service asked for public assistance in the search for the child.
The rapid growth of a long-burning forest fire in central Newfoundland has triggered a state of emergency in the area and the expansion of an outdoor fire ban to the entire province.
Air Canada denied a customer complaint and instructed employees to classify flight cancellations caused by staff shortages as a "safety" problem, which would exclude travellers from compensation under federal regulations. That policy remains in place.
Canada's summer of heat waves continues this weekend, with warnings issued in four provinces. CTVNews.ca looks at some of the heat records broken already this year in Canada.
Five people, including a suspect, were taken to hospital with serious injuries after a violent incident that drew a massive police presence to downtown Vancouver's main entertainment district Saturday night.
Over five decades in Washington, Joe Biden knew that the way to influence was to be in the room where it happens. But in the second year of his presidency, some of Biden's most striking, legacy-defining legislative victories came about by staying out of it.
Ukrainian President Volodymyr Zelenskyy said on Sunday that if Russia proceeded with referendums in occupied areas of his country on joining Russia, there could be no talks with Ukraine or its international allies.
A ceasefire between Israel and Palestinian militants took effect late Sunday in a bid to end nearly three days of violence that killed dozens of Palestinians and disrupted the lives of hundreds of thousands of Israelis.
BC Ferries cancelled two sailings between Vancouver Island and the Lower Mainland on Sunday because of a lack of crew, and several other sailings to and from Salt Spring Island were also cancelled.
Alberta Health Services has issued an enforcement order against a Banff home after an inspection discovered that as many as 42 people were staying inside the property.
Family members, friends and veterans gathered Sunday to pay their respects and remember the lives of Albertans who died while fighting in peacekeeping missions and support operations around the world.
The Edmonton Police Service confirmed last week that crime is on the rise in 2022, and the city’s police chief pointed at methamphetamines as a contributing factor.
The City of Toronto has extended the hours of seven city-run pools in an effort to help residents cool off amid heat warnings issued by Environment Canada.
Ontario's legislature is set to resume this week for the first time since the re-election of Premier Doug Ford's Progressive Conservatives, with politicians returning amid a health-care staffing crisis and skyrocketing inflation.
Abdulla Shaikh, the man suspected of killing three men at random in the Montreal-area last week, allegedly threatened employees while receiving treatment at a hospital for mental health issues.
Three boys out fishing in Kahnawake on the South Shore of the Saint Lawrence River spotted a seal on Sunday morning, more than 1,000 kilometres from its natural habitat.
The first week of Folklorama's return to in-person multicultural celebrations is wrapping up, with thousands of Winnipeggers visiting 12 pavilions across the city over the first seven days. Festival organizers say it couldn't have gone better.
When Chris Rod and other fellow organizers first met three years ago to discuss what would become The Saskatchewan Filipino Music and Food Street Fest, he never imagined what he saw all weekend at Kiwanis Memorial Park.
An Amber Alert was issued for two-year-old Holdan Keewatin Sunday afternoon, after the Regina Police Service asked for public assistance in the search for the child.
An Amber Alert was issued for two-year-old Holdan Keewatin Sunday afternoon, after the Regina Police Service asked for public assistance in the search for the child.
One of the longest serving MLA’s currently in the New Brunswick legislature says he was the one to offer new Liberal leader Susan Holt his seat should she choose to run in a by-election before the next provincial election.
The rapid growth of a long-burning forest fire in central Newfoundland has triggered a state of emergency in the area and the expansion of an outdoor fire ban to the entire province.
According to police, Lucien Dubois was last seen leaving a residence on Boom Road in his vehicle Friday. He was later reported missing Sunday afternoon.
Most of southern Ontario currently finds itself sweltering under a weekend heat warning, and London-Middlesex is no exception, as temperatures are expected to reach 40 C with the humidex.
Manitoulin Transport has been delivering, numerous skids of dry pet food and cleaning supplies to Ontario Wildlife Rescue Centres across the province at no charge since the beginning of the year.
The aftermath of the Old Marina Restaurant fire, a storm that tore through Elora, and the continued decreased of real estate prices in Waterloo Region round out the top stories of the week.
