Alberta residents may be interested to know that the lawsuit of the famous Canadian basketball star, Steve Nash --  a former professional National Basketball Association player -- was thrown out of court. Nash, who was also a former partner in 21 Steve Nash Fitness World clubs, brought a lawsuit against his former partners last October to prevent them from using his endorsements any longer. Business and commercial law disputes can be complicated. In this one, the judge dismissed his request.

Nash wanted all 21 fitness clubs in another province to remove his logo, image and name from wherever it was used to indicate his endorsement. The retired NBA star alleged breach of contract and also sought damages. The endorsement deal was signed in 2009 and contracted through March 2022. Nash acquired shares in the fitness chain, and when the chain was sold in 2009, Nash apparently retained his shares and agreed to the transfer of the endorsement to the new owners.

However, in 2014, the business shares were transferred back to SNFW Fitness BC Ltd -- who is the current owner. At that time, all Nash's shares along with the endorsement was also acquired by SNFW. Court documents indicate that Nash duly signed all the documents to officiate the transfer of the shares and endorsement, ending his partnership with the fitness group.

In her recent judgment, the justice found that neither Nash nor his company managed to provide evidence that supported his claim of breach of contract, adding that there was documented confirmation of the transfer of the endorsement. She ruled that the original agreement remained valid and that the defendants could continue the use of the Nash endorsement. Alberta business owners who have similar issues -- regardless of whether they are facing a business partner's lawsuit, or considering bringing a lawsuit -- will likely find that securing the services of an experienced business and commercial law lawyer is their best option.

On behalf of Ridout Barron posted in Business & Commercial Law on Tuesday, August 8, 2017.

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