Blinds to Go Inc. c. Blachley, 2025 QCCS 3190
2025-08-11
Read full decision. Summary prepared by Alan Macek:
Takefman and Bradlee represented Blachley to sell a unique window shutter called DuraShutter, that Blachley invented and patented. At that time, BTG did not manufacture shutters but was interested to add shutters to its product range. ... Finally, on November 20, 2015, after annotating the draft by hand, and in company of his lawyer, Blachley signed the Licensing Agreement with BTG. ... On October 28, 2019, Blachely advised BTG through his lawyer that he was terminating the Licensing Agreement and that he would be continuing the manufacturing and selling of the DuraShutter in stead and place of BTG. In the following days, Blachely also sent several emails to BTG’s suppliers, sales representatives and employees informing them of the end of the Licensing Agreement and threatening legal action should they continue to commercialize his product. ... The evidence is clear and uncontradicted to the effect that no royalties were due in accordance with the Licensing Agreement. The costs surpassed the $5 per square foot threshold and BTG was struggling to make any profits from the products patented by Blachley. No royalties (or even advance) were payable at all.