'Juice Formulation is Not Rocket Science' and Other Observations: Cadbury Schweppes Inc. v. FBI Foods Ltd.

Abstract

The Cadbury Schweppes case is the most recent example of the Supreme Court of Canada's ruminations on equitable obligations in commercial contexts. While the case was determined by the Court to concern the matter of breach of confidence, the application of fiduciary doctrine to the relationship between the companies in question was also considered. This commentary examines the Court's consideration of equitable doctrines and their application to commercial relations, both in the Cadbury Schweppes case and more generally. It also looks at the Court's assessment of compensation for the breach of duty found to exist in light of equitable principles.