Rotary Club of Sackville and Area v. Landry

Rotary Club of Sackville and Area v. Landry

The defendants breached the implied term to complete the commissioned work within a reasonable time; the delay was excessive and communication broke down; rescission is the appropriate remedy so the contract is voided and the claimant is entitled to restitution (refund) with statutory interest and costs; the casts...

Source-derived case information.

Citation
2017 NSSM 37
Parties
Claimant: Rotary Club of Sackville and Area; Defendant: Joseph Landry; Defendant: Brian Gazeley; Defendant: Landry Gazeley Arts
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 June 2017
Procedural Posture
Small Claims Court Breach of Contract / Hearing Concluded; Decision Rendered
Outcome
Claim allowed in part: contract rescinded; claimant awarded refund, statutory interest and costs; defendants retain the sculptures and associated intellectual property subject to contractual qualifications
Legal Topics
Breach of Contract, Rescission, Remedies, Confidential Information
Source Language
english
Contract Law Intellectual Property Breach of Contract Rescission Remedies Confidential Information

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rotary Club of Sackville and Area

Claimant

Joseph Landry

Defendant

Brian Gazeley

Defendant

Landry Gazeley Arts

Defendant

Procedural Posture

Small Claims Court Breach of Contract / Hearing Concluded; Decision Rendered

Legal Issues

  1. 1 Whether the defendants breached an implied contract by failing to complete the commissioned sculpture within a reasonable time
  2. 2 Whether the casts contain confidential information requiring destruction
  3. 3 Who owns the intellectual property in the unfinished work

Ratio Decidendi

The defendants breached the implied term to complete the commissioned work within a reasonable time; the delay was excessive and communication broke down; rescission is the appropriate remedy so the contract is voided and the claimant is entitled to restitution (refund) with statutory interest and costs; the casts do not contain confidential information warranting destruction and the defendants may retain and use the sculptures although their IP rights do not override contractual remedies.

Court Disposition

Claim allowed in part: contract rescinded; claimant awarded refund, statutory interest and costs; defendants retain the sculptures and associated intellectual property subject to contractual qualifications

Orders

  • Refund to claimant of $4,200.00 payable by the defendants
  • Interest at 4% per annum for four years in the amount of $672.00 payable by the defendants