Can an officer who is not a company officer be bound by an admission made in a letter to a company?

British Columbia, Canada


The following excerpt is from Mike’s Trucking Limited v. R. & L. Construction Co. Ltd., 1959 CanLII 103 (BC SC):

This argument might have merit if the officer were a present company official, or a person authorized to speak on behalf of the company. In Ellis v. Allan (1914), 1 Ch.D. 901, the company was held to be bound by an admission made by its solicitor in a letter. In that case however, it should be noted that the solicitor was one "whose authority to write had not been repudiated".

Other Questions


When a managing director of a company acts in breach of his fiduciary duties to the company, does he have to disclose to the purchaser of a part of the company’s business? (British Columbia, Canada)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
What is the test for admissibility of an affidavit containing the contents of a police officer’s handwritten narrative? (British Columbia, Canada)
Is a trial judge bound by the strict rules regarding the admissibility of fresh evidence in an appeal? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct for placing funds with a mortgage brokerage company when he knew that the registration of the company was under suspension? (British Columbia, Canada)
Can a shareholder of a company who is not a director of the company make an application for an oppressive manner? (British Columbia, Canada)
What is the effect of an injunction restraining the wife from selling, disposing of or voting her shares in a company to effect a sale or disposal of the assets of the company? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.