Lavoie c. Moreau, 2026 QCCS 820
2026-02-26
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Two IP issues were determinative. Trademark non-disclosure: Lafrance sold shares in a company that had operated under the Sabine et Gaspard trademark for nearly 15 years while personally retaining registered ownership of the trademark. The court found this omission constituted réticence dolosive under art. 1401 C.C.Q. — her disclosure obligation arose spontaneously and was not contingent on the buyer's inquiry. Compensatory damages failed for lack of proof, but $25,000 in punitive damages were awarded under arts. 1621 C.C.Q. and 49 of the Quebec Charter, the withholding being intentional. Passing-off / Copyright infringement: After acquiring the trademark from Lafrance, Moreau's company (9377) deliberately used 9125's distinct post-2018 logo — never included in the assignment — to solicit the same clientele, constituting both passing-off (Ciba-Geigy criteria satisfied) and intentional copyright infringement. Compensatory damages were denied for failure to establish quantum and causal nexus, but $30,000 in punitive damages were imposed against Moreau, whose bad faith was confirmed under cross-examination.