This case was heard in the Supreme Court of Newfoundland (Trial Division).
Fracflow Consultants Inc. ("Fracflow") entered into a contract to conduct an environmental assessment of a property. Fracflow believed that it had contracted with an individual named Mr. White, but when it pursued Mr. White for the payment that was owing, Mr. White claimed that he was not personally liable for the payment because he acted on behalf of the company White McGrath Limited.
After considering the history of the transaction and the terms of the contract, the Court concluded that Mr. White had not identified himself as the agent of White McGrath Limited. The Court therefore granted a summary judgment to Fracflow and ordered Mr. White to make the payment that was owed, with interest.