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                                          SUPREME COURT OF NOVA SCOTIA

                           Citation: White v. E.B.F. Manufacturing Ltd., 2004 NSSC 152

 

                                                                                                                                  Date: 20040910

                                                                                                                      Docket: SFHD 163572

                                                                                                                              Registry:  Halifax

 

Between:

                                                                      Eric White

                                                                                                                             Plaintiff/Defendant

                                                                                                                                  by Counterclaim

 

                                                                            vs.

 

             E.B.F. Manufacturing

                                                                                                                             Defendant/Plaintiff

                                                                                                                                  by Counterclaim

 

 

                                                                LIBRARY HEADING

 

 

Judge: The Honourable Justice Glen G. McDougall

 

Heard:            October 6, 7, 14, 15, 16, 17, 20 and 31, 2003 in Halifax, Nova Scotia

 

Subject:          Repudiation of contract / calculation of royalties.

 

Summary:      The defendant company was incorporated to manufacture and sell a fencing product invented by the plaintiff.  A number of agreements were entered into by the parties including a license agreement in which the plaintiff gave the defendant company exclusive right to manufacture and sell his patent-pending / patented invention(s).  A dispute between the parties led to a claim for unpaid royalties and a declaration that the license agreement had been repudiated.

 

Issue:              (1)  Has there been a repudiation of the license agreement by the defendant along with acceptance by the plaintiff?

 

(2) What is the appropriate method for calculating royalties under the agreements signed by the parties?

 

Result:            There has not been a repudiation of the license agreement and if the plaintiff’s conduct could be characterized as repudiation then the defendant’s conduct did not constitute acceptance.  The method for calculating royalties was determined.

 

 

 

 

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