Is there a compensatory remedy in the law of confidential relations?

Alberta, Canada


The following excerpt is from Pharand Ski Corp. v. Alberta, 1991 CanLII 5869 (AB QB):

Interestingly enough, La Forest J. refers to a compensatory remedy, having been introduced into the law of confidential relations, quoting the case of Seager v. Copydex, supra. The remedy in that case was a directed inquiry into the market value of the information between a willing buyer and a willing seller as an appropriate measure of damages for the breach of the confidential information under those circumstances. However, the court in that case did not specify whether damages were to be assessed under an inherent jurisdiction in equity to award damages or the jurisdiction provided under Lord Cairns' Act.

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