Hyperlawhypertext legal database Netupsky et al. v. Dominion Bridge Co. Ltd. [1972] SCR 368

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Netupsky et al. v. Dominion Bridge Co. Ltd.

[1972] SCR 368 Court SCC Decision date 1971-10-05 English

PartiesBoris Netupsky and Netupsky Engineering Company Limited (Plaintiffs) Appellants·Dominion Bridge Company Limited (Defendant) Respondent

Counsel (3)
M.B. Netupsky appeared in person for the plaintiffs, appellants.
Joan Clark and M.E. McLeod, for the defendant, respondent.
Solicitors for the defendant, respondent: Ladner, Downs, Ladner, Locke, Clark & Lenox, Vancouver.

Judges Martland, Ronald; Judson, Wilfred; Hall, Emmett Matthew; Spence, Wishart Flett; Laskin, Bora

Delivered by Judgment of the Court

On appeal from British Columbia

Subjects Intellectual property

Contents

Judgment of the Court

The judgment of the Court was delivered by

In consideration of the further services that you are rendering the fee now will read $45,000. (Forty-Five Thousand Dollars) in lieu of $37,500. (Thirty-Seven Thousand Five Hundred Dollars). This will still contain complete design, working drawings, specifications and such supervision as is necessary at your discretion.
This lump sum fee represents all information that has been given to you at the moment and as will be given to you up to and including August 18th, 1965 when you should have decided on your final design.
This design will be considered to be the extent of your obligation for the above fee. If written instruction is given to you after that date to change such a design by virtue of the client’s instructions or ours, you will bill us on an hourly basis in accordance with the minimum hourly rates

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set forth by the Ontario Association of Architects. In fact, your charges will be on an equal basis with ours and we will make available to you photostat copy of our arrangements with the City as far as those hourly rates are concerned.
We understand that you are not making any disbursements to J. Adjeleian out of this fee and we will make separate arrangements with Craig and Kohler which will contain separate arrangements with Mr. Adjeleian. It is understood, however, that you will cooperate with Mr. Adjeleian to the fullest and do hereby undertake to avoid any disagreements with him in the best harmonious interest of the project. We will make it clear to Craig and Kohler that as designing Engineer you are responsible for design and Mr. Adjeleian’s role will be to see that your design is carried out. Mr. Adjeleian will be given a chance to voice any objections in writing and these will be dealt with in a sensible manner. Failing such disagreements Mr. Adjeleian will be expected to be agreeable to fulfill your requirements.
Your name will appear on the project as Structural Engineer.
The above fees are inclusive of all expenses such as printing, specifications, travel, telephone, telegrams.

Footnotes

  1. [1] (1969), 68 W.W.R. 529, 5 D.L.R. (3d) 195.
  2. [2] [1970] S.C.R. 203.
  3. [3] (1963), 5 F.L.R. 298.
  4. [4] [1971] 2 W.L.R. 503.
  5. [5] [1967] 1 Ch. 932.