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COMM 393 (60)

Case Brief - Universal Property Management V. Westmount – CORPORATION.docx

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COMM 393
Patricia Mallia

Universal Property Management V WestmountCORPORATION FactsA third party to this action Centennial Management Ltd maintained a debt obligation outstanding with the defendant that had yet to be repaidPatrick Copeland a codefendant owned a majority stake in the defendant firm Westmount Windows and Door LtdAt one meeting between managers of these two firms Copeland was offered a sum from a third party the plaintiff Universal Property as an assignment of the debt owed by CentennialThe reason that this offer was made was in large part due to the closeness of Universal and Centennial with the owners of both firms being from the same familyThe defendant declined to accept this offer and continued to hold Centennials debts on its ledger without conducting any business with the plaintiffBy mistake the plaintiff sent a cheque to the defendant meant for another firm Westmount Draperies totaling 3063541The defendants accountants immediately applied the funds to the credit of Centennials account which at that time stood at 2015446 for which they assumed the funds were meant forWhen the plaintiff firm informed Copeland that the funds were sent in error Copeland refused to repay the funds to UniversalThis action is brought by Universal to seek remittance of funds by Westmount for the 3063541 along with punitive damages to Copeland for his disregard in refusing to repay the balanceIssues1 Is Westmount liable to return the funds to Universal2 Sh
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