Can a director or officer of a corporation be a supplier under the BPCPA?
British Columbia, Canada
The following excerpt is from Miller v. Merck Frosst Canada Ltd., 2013 BCSC 544 (CanLII):
In support of their submission the defendants rely on Holmes v. United Furniture Warehouse LP, 2009 BCSC 1805 paras. 28-31, where the allegations were that directors personally participated in a consumer transaction and therefore were liable. The court states, “that a director or officer of a corporation cannot be a supplier under the BPCPA simply because of his or her position”. The argument of the defendants is that this supports their proposition that there must be “immediacy” in the relationship between the supplier and consumer.
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