How has the Court considered "fair value" in assessing the value of confidential information?
Alberta, Canada
The following excerpt is from Pharand Ski Corp. v. Alberta, 1991 CanLII 5869 (AB QB):
It seems to me that the award of Bowen C.J. is more in the nature of an award in damages. By utilizing "fair value" the damages could in specific instances exceed the "market value" of the confidential information. This approach is not that different from the approach of Lord Denning in Seager v. Copydex, supra, although the inquiry there was with respect to the market value of the information as opposed to fair value. I have chosen fair value having regard to the circumstances of this case and the evidence put before me. Damages
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