TDC Broadband Inc. v Nova Scotia (Attorney General), 2018 NSCA 22


Read full decision. Summary prepared by Alan Macek:

After a 13-day trial, the appellant was successful in establishing that the respondent had breached its duty of confidence by improperly using information relating to its wireless high-speed broadband internet delivery system. The appellant claimed damages in excess of $3,000,000 under several heads of damage. The trial judge awarded the appellant $125,000 in compensatory damages for economic loss. Appeal dismissed. The assessment of compensatory damages arising from a breach of confidence is not defined by rigid rules. To the contrary, a flexible and often imaginative approach is required depending on the context. The trial judge was not required to utilize any particular approach to assess the appellant’s economic loss. Further, the Court was not satisfied that the trial judge misapprehended the expert evidence adduced by the appellant. With respect to punitive damages, the trial judge did not apply a wrong principle of law, or otherwise err in declining to award damages as sought.


Canadian Intellectual Property