Hill v. Moisan

Hill v. Moisan

The Supreme Court dismissed the appeal and affirmed the appellate court: the appellant was not entitled to recover the claimed outstanding bonus instalments or royalties because the sublicence and the facts did not establish an enforceable obligation to pay those sums under the applicable law (including Art. 1202 C.C.).

Citation
[1928] SCR 90
Parties
Appellant/plaintiff: Hill; Respondent/defendant: Moisan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 April 1927
Procedural Posture
Contract / Appeal to Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)
Outcome
Appeal dismissed with costs.
Legal Topics
Sale, Liability to Deliver, Liability for Payment, Art. 1202 C.c., Royalties, Bonus Instalments, Sublicence Enforcement
Source Language
English
Contract Patent/licensing Sale Liability to Deliver Liability for Payment Art. 1202 C.c. Royalties Bonus Instalments +1 more

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Parties

Hill

Appellant/plaintiff

Moisan

Respondent/defendant

Procedural Posture

Contract / Appeal to Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)

Legal Issues

  1. 1 Whether appellant was entitled to recover outstanding bonus instalments under a sublicence of a Canadian patent
  2. 2 Whether appellant was entitled to recover royalties under the sublicence
  3. 3 Interpretation and application of Art. 1202 C.C. to rights and obligations arising from the sublicence

Ratio Decidendi

The Supreme Court dismissed the appeal and affirmed the appellate court: the appellant was not entitled to recover the claimed outstanding bonus instalments or royalties because the sublicence and the facts did not establish an enforceable obligation to pay those sums under the applicable law (including Art. 1202 C.C.).

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.