Wampole v. Simard

Wampole v. Simard

The majority upheld concurrent factual findings that the plaintiffs breached the contractual confidentiality and that certain damages (including reasonable investigatory expenses and assessed loss) flowed from that breach; appellate court will not disturb those findings absent error, and therefore the appeal was dismissed and the lower judgments affirming the assessed damages were upheld.

Citation
(1907) 39 SCR 160
Parties
Plaintiff Appellant: Henry K. Wampole et al.; Defendant Respondent: Georges A. Simard et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1907
Procedural Posture
Appeal From Civil Trial — Contract Claim / Final Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Breach of Contract, Assessment of Damages, Causation/proximate Cause, Conspiracy Liability, Trade Mark Infringement, Recoverable Investigatory Expenses
Source Language
English
Contract Tort Fraud Conspiracy Trade Mark/intellectual Property Damages Breach of Contract Assessment of Damages +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Henry K. Wampole et al.

Plaintiff Appellant

Georges A. Simard et al.

Defendant Respondent

Procedural Posture

Appeal From Civil Trial — Contract Claim / Final Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether defendants proved breach of a confidentiality contract by plaintiffs
  2. 2 Whether plaintiffs are liable for loss of profits resulting from third parties' counterfeit sales
  3. 3 Whether defendants' expenses for detectives and analysts are recoverable as damages

Ratio Decidendi

The majority upheld concurrent factual findings that the plaintiffs breached the contractual confidentiality and that certain damages (including reasonable investigatory expenses and assessed loss) flowed from that breach; appellate court will not disturb those findings absent error, and therefore the appeal was dismissed and the lower judgments affirming the assessed damages were upheld.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of Court of King's Bench (appeal side) affirmed