ATM CASH SYSTEMS (CANADA) LTD v DIRECTCASH PAYMENTS INC

The Plaintiff, ATM Cash Systems, and a casino had a contract for an exclusive licence wherein the parties agreed that the Plaintiff would be the only supplier and operator of ATMs within the casino. The Plaintiff alleges that the Defendants, DirectCash Payments Inc., induced the casino into a breach of contract by entering into a licence with the casino when they had knowledge of ATM Cash Systems’ exclusive contract.

In considering the totality of the evidence, the Plaintiff asked the Court to prefer the evidence of Mr. Steiert (president and sole shareholder of the Plaintiff) and Mr. Van Der Kooy (president of the casino) over Mr. Smith (president and CEO of the Defendant) where they conflict due to an admitted breach of Rule 8.13. Mr. Smith was briefed by his counsel about Mr. Steiert’s evidence, despite an order excluding witnesses from Trial. Justice Jugnauth declined to favour the evidence of Mr. Van Der Kooy, holding that Mr. Smith was not untruthful.