Court of Appeal

CASE NO.                                         VOL. NO.                                           PAGE

Cite as: Big Pond Publishing and Production Ltd. v. Macumber, 1998 NSCA 157

BIG POND PUBLISHING                 - and -                        ALAN R. MACUMBER

AND PRODUCTION LIMITED

Appellant                                                                    Respondent

C.A. No. 144267                                           Halifax                        CHIPMAN, J.A.

APPEAL HEARD:                                       September 17, 1998

JUDGMENT DELIVERED:                       September 17, 1998

WRITTEN RELEASE OF ORAL:             September 22, 1998

SUBJECT:               CONTRACTS - Commercial arrangement whereby musician performed in concerts - Termination

SUMMARY:              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.

ISSUE:                      Whether the trial judge erred in finding a commercial relationship, its termination, or in fixing the requisite period of notice of termination.

RESULT:                  The Court of Appeal held that it had not been shown that the trial judge erred in finding a commercial arrangement or that it was terminated, but that she had erred in fixing the period of notice.  The Court of Appeal, based on the evidence, substituted a period of 60 days notice for 90 days as fixed by the trial judge.