The plaintiff, Insight Merchandising LLC, brought an action against the defendant, 2072223 Ontario Limited (CDA), for unpaid commissions related to a Walmart project.
CDA denied owing commissions and counterclaimed for damages, alleging the plaintiff failed to properly manage the project and caused additional costs.
The court found that the commission structure was based on estimated sales price, not actual gross profit margins, and that CDA had no valid unwritten terms permitting it to reduce or withhold commissions.
The court also found no evidence that the plaintiff breached any duty of due diligence or was responsible for the issues with the display units.
The defendant's key witness was found to be inconsistent and lacking credibility.
The plaintiff's claim for unpaid commissions was granted, and the defendant's counterclaim was dismissed.
