Unilux |
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Peter Simm researched and co-drafted the submissions of law for the successful Plaintiff in Unilux (1990, Ont. H.C.). The Plaintiff was awarded an unusual array of equitable relief, as well as multi-million-dollar damages. This complex commercial case involved issues in contract law (interpretation; rectification; breach), torts (interference with contractual relations; inducing breach of contract; conspiracy), and intellectual property (licensing and sublicensing; international scope; and exclusivity). Unilux is cited in 9 judicial decisions, including ones by the Alberta Court of Appeal and the Federal Court of Canada. This case is also cited in 7 legal textbooks, including a leading Anglo-Australian text that rarely cites Canadian cases. As well, Unilux is cited in 4 legal periodicals, and in 2 accredited CPD papers. Full cite: Unilux Manufacturing Co. v. Prime Boilers Inc . , 1990 CanLII 6934, 74 O.R. (2d) 270, 32 C.P.R. (3d) 493, 1990 CarswellOnt 768, [1990] O.J. No. 698 (Ont. H.C.). (Orally argued by B. Zarnett and A. Mark and co-drafted with them, while Simm was an articling student at Fogler, Rubinoff. )
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Contracts - CED Ont 4th - Mueller & Morgan - sums Unilux; twice cites both Collins & Triathalon
Deeds & Documents - CED Ont 4th - Levinson - cites Unilux
Law of Contract in Canada 6th - Fridman - cites Unilux Claussen3x Triathalon
Law of Torts in Canada 3rd - Fridman - cites Unilux
Licensing Technology 3rd (UK-Australia) - Bryne & McBratney - cites Unilux
Torts - CED Ont 4th - Durbin - sums Unilux
Words & Phrases (Carswell) - 3 phrases citing Unilux - “Inducing Breach of Contract”, “Supersede”, and “Tort of Conspiracy”
42 Advocates Quarterly 143 (2013) - Guy & Del Gobbo paper cites Unilux
Annual Review of Civil Litigation 2010 - c.2 Kain & Alexander paper cites Unilux
Annual Review of Civil Litigation 2010 - c.4 Waldron paper cites Unilux
39 Real Property Reports 3d 249 (2001) - Kowalski paper cites Unilux