$4.$ Tremblett v$.$ Tremblett, $2012$ CanLII

$67443($NL SCTD$)($CanLII$)$

$[$Note: Your instructor may assign this case as a Shared Writing activity.$]$

Doug and Bill Tremblett were brothers and, at least in the early stages,

owned a fishing boat together. The brothers worked together in the

fishing operation from $1988$ to $2004,$ using a crab licence that Bill had

acquired through a swap and that was held in his name. The crab fishing

licence was the primary asset of the business and the main subject matter

of the dispute. After the brothers stopped working together, Bill

continued on with the fishing enterprise, relying on the crab licence he

had obtained.

Explain any claim Doug might have against Bill in this situation. Would it

affect your answer if Bill did more work than Doug? If the value of the

licence was over $$800000$ at the time they stopped fishing together, what

would Doug be entitled to if successful, given that the trial took place in

$2012?3.$ Rivermist Holding Ltd$.$ v$.$ McGregor

Estate, $2012$ BCSC $1645($CanLII$)$

Rivermist hired McGregor Management to construct a storage facility.

McGregor Management then hired Rivermist as a subcontractor for some

excavation work. Allan McGregor negotiated both contracts on behalf of

McGregor Management. McGregor Management failed to pay $$75780$ of

the balance owed to Rivermist. Allan then claimed that the estate of his

mother was liable for the second contract, as he and his brother were

agents for his mother$$s business, McGregor Management. Rivermist was

unaware of the mother$$s involvement in the McGregor Management; all

of its dealings were with the McGregor brothers.

Are the McGregor brothers personally liable for the debt? Explain your

answerAnalyze the cases.

Write a letter to the editor of a local newspaper about your stand.

Include the answers to the following questions:

What are the facts in both cases?

Identify the legislations related to the cases.

What legal questions are the key determining factors in both cases?

Justify your answer to the legal questions you have identified.

Persuade the editor by providing facts to support the argument.

Write a one$-$page summary for each case.