In what circumstances will goodwill be protected if there is no immediate impact on the value of the property?
British Columbia, Canada
The following excerpt is from Edward Chapman Ladies' Shop Limited v. Edward Chapman Limited et al., 2006 BCSC 14 (CanLII):
In Irvine v. Talksport Ltd., [2002] 1 W.L.R. 2355, at 2366 (Ch.), Laddie J. said: But goodwill will be protected even if there is no immediate damage....[A]lthough the defendant may not damage the goodwill as such, what he does is damage the value of the goodwill to the claimant because, instead of benefiting from exclusive rights to his property, the latter now finds that someone else is squatting on it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the law regarding partition and sale of property under the Personal Property Protection Act? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
In what circumstances will one spouse receive 10% or 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
Does the Property Assessment Appeal Board err in law in finding that there was no evidence to support the negative impact of a midden on the subject property? (British Columbia, Canada)
What is the impact of a wild house party and out of control gatecrashers on the value of an individual's property? (British Columbia, Canada)
In what circumstances will one spouse receive 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
At what point in the history of real estate transactions, in what circumstances will real property have value? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property? (British Columbia, Canada)
