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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