What is the preferred approach to terminating an exclusive sales agency relationship?

British Columbia, Canada


The following excerpt is from Marbry et al. v. Avrecan International Inc., 1999 BCCA 172 (CanLII):

After a consideration of both Carter v. Bell, supra and Paper Sales, supra, Potts J. concluded that the preferred approach was the one enunciated in Paper Sales, supra, and found that whether or not notice is required is a matter to be determined with reference to the specific facts in each case. After applying the facts of the case to the indicia set out in Paper Sales, supra, Potts J. held that the plaintiff and the defendant had maintained an exclusive sales agency relationship and that this arrangement was much closer to a contract of employment than it was to a straight commission agency. Accordingly, the plaintiff was entitled to a payment in lieu of notice of termination. Judgment Below

Other Questions


Is a sales agent entitled to termination of an exclusive sales agent contract? (British Columbia, Canada)
Is a warranty exclusion exclusion of economic loss excluded from the warranty exclusion? (British Columbia, Canada)
What is the legal test for the sale of a property where the seller alleges there was a cannabis grow operation at the time of sale? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What is the test for indefinite and unqualified support for a child who has terminated her relationship with the father? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
What is the impact of a long-term relationship between a parent and their children on the relationship? (British Columbia, Canada)
What is the effect of a single and dating relationship on a marriage-like relationship? (British Columbia, Canada)
What is the relationship of a husband and wife and what is the impact of the relationship on the marriage? (British Columbia, Canada)
What is the test for determining whether a child has terminated their relationship with the father? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.