Big Pond Publishing and Production Ltd. v. Macumber
The Court upheld the trial judge's findings that a continuing commercial relationship existed and was wrongfully terminated, but reduced the reasonable notice period from 90 to 60 days based on prior contractual relationships and the respondent's expectations, thereby reducing damages to $7,830.00 and awarding trial...
Source-derived case information.
- Citation
- 1998 NSCA 157
- Parties
- Appellant: Big Pond Publishing and Production Limited; Respondent: Allan Ryan Macumber
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 September 1998
- Procedural Posture
- Appeal / Judgment Delivered
- Outcome
- Appeal allowed in part; trial judgment set aside in part and varied to reduce damages; costs of the trial awarded; no costs of the appeal.
- Legal Topics
- Wrongful Termination, Damages Calculation, Notice Period, Continuing Commercial Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Big Pond Publishing and Production Limited
Appellant
Allan Ryan Macumber
Respondent
Procedural Posture
Appeal / Judgment Delivered
Legal Issues
- 1 Existence of a continuing commercial relationship
- 2 Whether the termination was wrongful
- 3 Appropriate period of reasonable notice
Ratio Decidendi
The Court upheld the trial judge's findings that a continuing commercial relationship existed and was wrongfully terminated, but reduced the reasonable notice period from 90 to 60 days based on prior contractual relationships and the respondent's expectations, thereby reducing damages to $7,830.00 and awarding trial costs to the respondent; no costs were awarded for the appeal.
Court Disposition
Appeal allowed in part; trial judgment set aside in part and varied to reduce damages; costs of the trial awarded; no costs of the appeal.
Orders
- Appeal allowed in part.
- Decision of Hamilton, J. set aside in part.
Full Case Text
Judgment text and source record
1 paragraphs
Big Pond Publishing and Production Ltd. v. Macumber Court Court of Appeal Date 1998-09-17 Citation 1998 NSCA 157 Docket CA 144267 Judge/Registrar/Adjudicator Pugsley, Ronald N. (Honourable Justice); Chipman, David (Honourable Justice); Flinn, Edward J. (Honourable Justice) Document Type Decision Relations Library Sheet - Big Pond Publishing and Production Ltd. v. Macumber - 1998 NSCA 157 - 1998-09-17 - Library Sheet Decision Content Date: 19980917 Docket: CA 144267 NOVA SCOTIA COURT OF APPEAL Cite as: Big Pond Publishing & Production Ltd v. Macumber, 1998 NSCA 157 Chipman, Pugsley and Flinn, JJ.A. BETWEEN: ) ) BIG POND PUBLISHING AND ) A. Robert Sampson PRODUCTION LIMITED ) and Tony W. Mozvik ) for the Appellant Appellant ) ) ) - and - ) ) ALLAN RYAN MACUMBER ) Robert L. Barnes, Q.C. ) for the Respondent Respondent ) ) ) ) Appeal Heard: ) September 17, 1998 ) ) ) ) Judgment Delivered: ) September 17, 1998 THE COURT: The appeal is allowed in part with costs of the trial as per oral reasons for judgment of Chipman, J.A.; Pugsley and Flinn, JJ.A., concurring. The reasons for judgment of the Court were delivered orally by: CHIPMAN, J.A.: This is an appeal from a decision of Hamilton, J. finding that there was a wrongful termination by the appellant of a continuing commercial relationship between the parties whereby the respondent would perform as a musician for the appellant in performance. She found that the appellant terminated this relationship without notice, whereas in the circumstances reasonable notice would be 90 days, resulting in a damage award of $19,890.00 to the respondent. The damages were calculated on the basis of the amount earned by another musician who performed for the appellant during the 90 days following the termination. Having heard counsel and having reviewed the record we are of the opinion that it has not been shown that Hamilton, J. erred in finding the existence of the commercial relationship or in finding that it was wrongfully terminated. We are satisfied however that the period of notice, having regard to the previous contractual relationships between the parties and the respondent’s own expectations as appears from his testimony, should have been fixed at 60 days. Applying this time period to the earnings of the substitute musician, the damage award should have been $7,830.00. The appeal is allowed in part and the decision of Hamilton, J. is set aside and the respondent will recover from the appellant the sum of $7,830.00, together with costs of the trial on Scale 3 of the Tariffs and disbursements. As success was divided in this Court, there will be no costs of this appeal. Chipman, J.A. Concurred in: Pugsley, J.A. Flinn, J.A.