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Federal Court damages judgment under the Canada Transportation Act. The Court awarded lost profits and partial demurrage, but rejected reputational harm.
Appeal allowed in a contract-damages dispute over mitigation, set-off, and lost profits after repudiation of a freezer supply contract.
Defendant breached the contract by refusing to allow performance with the claimant's offered replacement installers; the claimant did not materially breach because delays were weather-related and completion was impossible until the air handler was available; damages are calculated using the contract prices less amounts already paid and awarded as $2,500.94 in total.
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The court found an oral agreement bound the parties to the unsigned Richmond home contract, awarded damages for unpaid work and lost profits, and granted limited abuse-of-process damages.
Affirmed the motion judge's refusal to award lost profits because appellant failed to prove loss and the judge was entitled to accept testimony indicating no profit; held that contractual post-judgment interest and contractual costs scale should be enforced absent exceptional circumstances and adjusted orders accordingly.
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The Court of Appeal upheld liability against a realtor for nondisclosure of an ALR boundary review, but reduced lost profits from $675,277 to $219,084.
The appeal is dismissed. The Federal Court judge did not commit a reviewable error: he correctly applied the could-have/would-have framework informed by real-world evidence, permissibly found the lost profits would have been pooled and invested so as to generate at least the retrospective rate based on Lilly Canada profit margins, and reasonably declined to adjust for taxes or accept mitigation absent evidence; therefore the compound pre-judgment interest award was justified and is affirmed.
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Federal Court damages decision in a patent infringement case, awarding compensatory damages and interest, but refusing punitive damages.
Defendant's termination on May 1, 2017 constituted a breach because claimant had commenced performance (plans, permit application, engineer) and acted in good faith; claimant failed to prove lost profits on a balance of probabilities so lost profit claim was dismissed, but claimant was entitled to recover for work actually performed in quantum meruit in the amount of $1,000; defendant's counterclaim was dismissed.
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The availability of non-infringing alternatives is legally relevant to the 'but for' causation inquiry when quantifying patent damages, but on the facts Apotex failed to prove it could and would have used the non-infringing alternative; therefore the Federal Court’s damages award is upheld and the appeal is dismissed.
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