Weiss c. Karch, 2019 QCCS 4886


Read full decision. Summary prepared by Alan Macek:

"The plaintiffs claim damages from the defendants totalling $ 360,000. They allege misuse of an invention and intellectual property right as well as breach of trust and breach of confidential information and unfair competition on the part of the defendants. ... Danny Karch presents himself as a businessman and would be looking for an investment project. It was then that Paul Kapasi informed him that he had built an invention that he would like to discuss. ... Since Kapasi was to receive $1,000 for each bucket manufactured by him with a maximum of 10 buckets per month, the Tribunal can award damages for the number of buckets sold by Karch. Since these sales were spread over two years, the Tribunal may add sales for another year. In so doing, the Tribunal believes that it adequately compensates Kapasi's loss of opportunity, namely, the two years of actual sales to which we can add a year of anticipated sales. That's $ 102,000. This sum should compensate for the damage suffered by Kapasi." (based on translation)


Canadian Intellectual Property