Aquafor is a niche engineering firm. Two employees left the company to establish Calder Engineering. Aquafor alleged that the principals of Calder were fiduciaries that breached their obligations resulting in several clients transferring their business from Aquafor to Calder.
Calder’s counsel retained us to calculate Calder’s profits from the alleged breach assuming liability was found.
The Court ruled that while the defendants were fiduciaries, there was no breach of fiduciary duty nor was there misuse of confidential information.
The Court went on to explain how it would have calculated damages if liability had been found, the essence of which was to evaluate the circumstances of each client individually. The court found that if liability had been found, the quantum of loss would have been much closer to our number than that presented by the plaintiff’s expert.