The plaintiff pharmacy sued the defendant retirement residence for breach of contract, alleging the defendant failed to properly deliver a notice of non-renewal to terminate their pharmacy services agreement.
The trial was bifurcated to determine the sole issue of liability: whether the defendant's representative hand delivered the notice to the plaintiff's president on June 16, 2020.
After assessing the credibility of the conflicting witness testimony, the court found on a balance of probabilities that the notice was hand delivered.
The plaintiff's action was dismissed.
