STATEMENT OF FACTS
Andrew MacBain is a businessperson having an address at 16238 - 93A Avenue, in the City of Surrey, in the Province of British
Veronica MacBain is the present wife of Andrew MacBain for the past six years and also lives at 16238 - 93A Avenue, in the City of Surrey, in the Province of British Columbia.
Gustavo Zamora is a businessperson having an address at Running Fox Cir, Riverview, in the State of Florida in the United States of America.
Gerardo J Zamora Jr. is a businessperson having an address at Running Fox Cir, Riverview, in the State of Florida in the United States of America.
Zamora & Associates Inc is a company incorporated pursuant to the laws of the State of Florida, in the United States of America, having a registered office at 302 - 11410 N Kendall Drive, Miami, Florida in the United States of America. The Defendant Zamora & Associates Inc. carries on business of boat chartering, training, and security services throughout the world.
On or about the date October 12 2009, Andrew and Veronica MacBain entered into an agreement with the Gustavo Zamora. Under the terms of the agreement, both parties agreed, among other things, that:
1.Gustavo Zamora would take one to two weeks to locate and charter a boat from the Philippines to Japan and back;
2.Gustavo Zamora would be the only person who would travel to the Philippines to find and charter the boat;
3.Andrew and Veronica MacBain would pay Gustavo Zamoras travel expenses for air fare, hotel, transportation and meals when the Gustavo Zamora went to Philippines, so long as Gustavo Zamora provided Andrew and Veronica MacBain with receipts and travel documentation.
The parties negotiated the terms of the agreement over several methods, through numerous telephone conversations, emails, texts and in person, meeting one time in Richmond, British Columbia.
Gustavo Zamora advertised his business to Andrew and Veronica MacBain through his Internet website. http://www.zamoraandassociates.com The website specifically says, What we have to offer is a proven, verifiable track record .
Gustavo Zamora said to Andrew and Veronica MacBain, that he had performed charter boat services for hundreds of clients before.
In accordance to the agreement, Andrew and Veronica MacBain paid Gustavo Zamora $69,495.27, in four instalments made on December 29 2009, February 02 2010, April 27 2010 and May 19 2010.
Andrew and Veronica MacBain also paid Gustavo Zamora $2,843.44 on May 17 2010, to pay for his travel expenses.
On or about May 17 2010, Gustavo Zamora traveled from the United States to Canada. It was at this time he told Andrew and Veronica MacBain, he was unable to find a boat in the Philippines.
Despite several requests by Andrew and Veronica MacBain, Gustavo Zamora refused to provide receipts and travel documentation to prove that Gustavo Zamora and Gerardo J Zamora Jr., actually went to the Philippines.
On or about May 17 2010, Andrew MacBain paid Gustavo Zamora, to travel with him to Japan, in order to locate and charter a boat together. Gustavo Zamora had no connections or plan when they reached Japan and was unable to find a boat.
In breach of the agreement, Gustavo Zamora failed to locate a boat in the Philippines and Japan.
Andrew and Veronica MacBain were told on or around December 20 2009 by Gus Zamora, that to locate and charter a boat from the Philippines to Japan and back, would take one to two weeks, and that only Gustavo Zamora would need to travel to the Philippines to find and charter the boat.
The estimate for this service would be $500.00 USD per day plus travel expenses to the Philippines.
The estimate for the boat, fuel and crew from the Philippines to Japan and back was estimated at $50,000 to $60,000 USD.
Andrew and Veronica MacBain were also told that Gustavo Zamoras fee would need to be paid as well as the deposit for the boat before Gustavo Zamora left the United States.
A total of $65,000 US dollars was wired using the wire payment services of the TD bank, Gulf and Fraser Credit Union and Western Union to the defendant between December 22 2009 and May 19 2010.
Andrew and Veronica MacBain also paid $5000.00 USD in Airfare, hotel, transportation, and meals, for Gustavo Zamoras to travel to Japan.
Gustavo Zamora claims that he went to the Philippines to charter a boat. He never found one.
The deposit fee was never returned to Andrew and Veronica MacBain.
Requests of travel documentation and expenses while in the Philippines from Gustavo Zamora have been denied.
Gustavo Zamora emailed a statement to Andrew MacBain, stating we are under no obligation to provide receipts
Phone calls and e-mails now go unanswered.
Andrew and Veronica MacBain say that Gustavo Zamora knowingly advertised and sold a service that he could not deliver.
In his websites, advertisements and other forms of representations to the public, Gustavo Zamora makes statements that have the capability, tendency or effect of deceiving or misleading consumers, which constituted deceptive and unconscionable acts.
BREACH OF CONTRACT
Andrew and Veronica MacBain say that Gustavo Zamora did not fulfill any part of their contract.