system’s format; and ( ii) application management support
(“AMS”) services to Enbridge personnel for a period of time after
the new system went into operation.
 The respondent Atos is the corporate successor to Siemens.
Since the trial judge’s reasons refer to Siemens, for ease of reference I will refer to Atos as Siemens.
 The project involved extensive planning and implementation. Installation of the software began in June 2007 but was not
completed until September 2009, five months behind schedule.
 On June 29, 2009, Sapient terminated the Subcontract
with Siemens for cause.
 Siemens sued, claiming damages for wrongful termination of the Subcontract. In turn, Sapient counterclaimed for
damages arising from the delay in completing the project.
The trial judge’s findings
 The trial judge concluded that Sapient wrongfully terminated the Subcontract. However, he also held that Siemens
breached parts of the Subcontract at various times during
the project, entitling Sapient to damages as well. Neither party
appeals those findings.
 The trial judge awarded damages to Siemens for both the
DC and AMS services portions of the Subcontract. I will deal in
some detail with the trial judge’s damages calculations later in
these reasons. At this point, I shall simply summarize the
awards he made to Siemens.
 The trial judge awarded Siemens damages of $2.404 million for the balance owing for DC services. He rejected Sapient’s argument that the minimum performance principle in
Open Window Bakery should limit Siemens’ damages to a
lesser amount calculated in accordance with the Subcontract’s
termination for convenience clause. However, the trial judge
quite properly performed an alternative damages calculation
for DC services using the termination for convenience formula,
resulting in alternative damages for the termination of DC services of $1,059,725.
 The trial judge awarded Siemens damages of $3,575,990
for the wrongful termination of AMS services, representing
Siemens’ estimated gross profits.
 This appeal raises four issues, which I will deal with in
the following order: