Latest Blog Posts
Alberta Court Finds Irreparable Harm in Trade Secret Case – Did it also Apply Doctrine of Inevitable Disclosure?
May 28, 2024
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Injunctions, Trade Secrets
SHAC Solutions Inc. v. Guenther, 2024 ABKB 145 Employers seeking interlocutory injunctions to prevent competition or solicitation by former employees often fail to meet the irreparable harm branch of the test for relief, with courts finding that damages can be readily quantified. In a recent decision, however, the Alberta Court…
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Remedial Flexibility Rescues Claim for Breach of Confidence
November 21, 2023
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Damages, Disgorgement of Profits
Skycope Technologies Inc. v. Jia, 2023 BCSC 1288 The law provides for a broad range of remedies to address breach of confidence. In a recent decision where the plaintiff had not established any financial loss, the B.C. Supreme Court opted for disgorgement of a large sale by the defendants as…
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Privacy Rights, Damage Assessments and the Importance of Pleadings
May 30, 2023
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Damages, Disgorgement of Profits, Non-Compete Enforceability, Non-Solicit Enforceability, Restrictive Covenants, Sale of a Business
Several recent decisions are of interest to those advising on, and litigating, employee competition cases. First, the Alberta privacy commissioner finds that employers, in some circumstances, may disclose their former employees’ restrictive covenants to third parties. Two Alberta Courts provide analysis on assessing damages in successful actions for unlawful competition.…
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Vendor of Trucking Company Ordered to Live Up to Five Year Non-Compete
February 14, 2023
Topics: Non-Compete Enforceability, Restrictive Covenants, Sale of a Business
The B.C. Supreme Court has granted an interlocutory injunction restraining the vendor of a trucking company, Sonic Transport Ltd., from competing for a period of five years past the ending of his employment with the purchaser. Diamond Delivery bought Sonic from Leslie and Pam Calder in 2015. Leslie continued to…
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