Topic: Confidential Documents

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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Are Client Lists Produced from Memory or Personal Records Confidential? An Alberta Court Offers a More Nuanced Analysis

April 18, 2022 Topics: Blog, Confidential Documents
GG & HH Inc v 2306084 Alberta Ltd, 2022 ABQB 58 The Alberta Court of Queen’s Bench declines to extend an injunction prohibiting departed pharmacists from contacting the applicant’s patients. While accepting as plausible the pharmacists’ explanation that they relied solely on memory, personal records and community networks to contact…
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Court Rejects Plea for Disgorgement of Profits, Despite Finding Departing Physicians Breached Fiduciary Duty and Duty of Confidence

Genesis Fertility Centre Inc. v. Yuzpe, 2019 BCSC 233 A decision of the British Columbia Supreme Court rejects a claim for disgorgement of profits, even though the Defendants committed breaches of fiduciary duty and confidence. The decision is a reminder that, in employee competition cases, the courts will be mindful…
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