Biosweep Canada Corporation v. 2314515 Ontario Inc.

Biosweep Canada Corporation v. 2314515 Ontario Inc.

Appeal dismissed because appellant failed to provide the written notice required by paragraph 4A to exercise the option to purchase within 60 days, therefore had no contractual right to immediate return of the equipment and lacked evidentiary support for claimed damages, which were speculative.

Citation
2017 ONCA 508
Parties
Appellant (plaintiff): Biosweep Canada Corporation; Respondent (defendant): 2314515 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 June 2017
Procedural Posture
Civil (collection) / Appeal From Superior Court Order
Outcome
Appeal dismissed
Legal Topics
Conversion, Detinue, Passing Off, Unjust Enrichment, Tortious Interference, Contract Interpretation, Option to Purchase, Notice Requirement, Damages
Source Language
English
Contract Law Tort Law Property Law Intellectual Property Remedies Conversion Detinue Passing Off +6 more

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Parties

Biosweep Canada Corporation

Appellant (plaintiff)

2314515 Ontario Inc.

Respondent (defendant)

Procedural Posture

Civil (collection) / Appeal From Superior Court Order

Legal Issues

  1. 1 Whether appellant was entitled to return of equipment under licence agreement
  2. 2 Whether appellant validly exercised its contractual option to purchase equipment by providing timely written notice
  3. 3 Whether respondent lawfully purchased and could use the equipment after expiry of the agreement

Ratio Decidendi

Appeal dismissed because appellant failed to provide the written notice required by paragraph 4A to exercise the option to purchase within 60 days, therefore had no contractual right to immediate return of the equipment and lacked evidentiary support for claimed damages, which were speculative.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed