The plaintiff, Sunsource Grids Inc., brought an action against the University of Windsor for $40 million in damages, alleging breach of a research agreement, misrepresentation, and intentional interference with economic relations regarding the development of a solar PV switch technology.
The University counterclaimed for breach of contract due to the plaintiff's failure to provide required in-kind contributions.
Following a 50-day trial, the court dismissed the plaintiff's action, finding that the University did not breach the agreement or act in bad faith.
The court held that the plaintiff's failure to supply necessary components was a condition precedent that excused the University's inability to deliver a hardware prototype.
Furthermore, the court found the plaintiff's claimed damages for loss of future profits were too remote, excluded by the contract's consequential damages clause, and based on a technology that was not commercially viable.
The University's counterclaim was allowed, and the plaintiff was ordered to pay $21,800 for its breach of contract.
