Latest Blog Posts

Remedial Flexibility Rescues Claim for Breach of Confidence

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

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

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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Investment Advisor’s Notification to Clients of “Options” Amounts to Solicitation

During the running of a one-month notice of resignation given to her employer, an investment advisor wrote to the firm’s clients advising of her departure to establish a new business and of their investment options: staying at the firm, move to her new business or going elsewhere. In responding to…
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