Confidentiality — Ontario Employment Law

Ballance It Inc. v. L.

Employment Contract: Interlocutory Injunction Refused

This interlocutory proceeding addressed whether the employer established a strong prima facie case to restrain a former employee from breaching non-solicitation and confidentiality obligations under their employment agreement. The court assessed the reasonableness of restrictive covenants and the handling of confidential information on personal devices, ultimately refusing the injunction as the prima facie case was not met.

Green Life Inc. et al. v. 24K Maple Supply Inc. et al.

Injunction Refused: Expired Non-Compete & Confidentiality

This interlocutory motion concerned an application for an injunction to enforce confidentiality obligations and restrict competition, where the underlying non-competition clauses had expired. The court applied the RJR-MacDonald test, finding no serious question to be tried regarding the confidentiality of pricing and stock information which was largely public, and determined that damages were an adequate remedy. The motion was dismissed as the balance of convenience favoured the respondents and the relief sought would effectively shut down the competing business.

One World Logistics Group Corp. v. S.

Interim Relief: Non-Compete vs Confidentiality in Employment

This is an interlocutory proceeding concerning interim injunctive relief to enforce restrictive covenants in an employment agreement. The court declined to grant interim relief for the non-competition clause due to its broad scope and questionable enforceability, but granted interim orders enforcing confidentiality obligations and requiring the provision of login codes.

Coscarella Dentistry Professional Corporation v. H.

Dentist Confidentiality & Solicitation Appeal

An appeal by a dental corporation against a trial judge's decision that a departing associate dentist did not breach confidentiality, fiduciary duties, or engage in improper solicitation of patients. The Court of Appeal reviewed whether the dentist's access to patient records to notify them of the practice relocation constituted a breach of professional obligations or contractual good faith.

M.M. v. L.C.

HRTO Settlement Enforcement: Confidentiality Breach Upheld

This is a judicial review of an HRTO decision enforcing a settlement agreement in a human rights complaint. The Divisional Court upheld the Tribunal's findings that the respondent breached confidentiality and non-disparagement clauses by making statements on LinkedIn, and upheld the enforcement of a repayment order for liquidated damages.

A. et al v. A.

Judicial Review of Arbitration Award in Employment Dispute

This is a judicial review application concerning the enforcement of an arbitral award related to disparagement and confidentiality provisions. The applicants sought to set aside the award under section 46 of the Arbitration Act, 1991, alleging breaches of natural justice, and sought to introduce fresh forensic accounting evidence.

Boaden Catering Limited v Earl Haig Community Day Care

An employment law case involving claims of breach of confidentiality, conversion, and unlawful means.

T. v. H.

Employee Confidentiality and Liability Duties

This case addresses the duties and liability of an employee, specifically concerning confidentiality obligations within an employment relationship.

EF Institute for Cultural Exchange Limited v. WorldStrides Canada, Inc.

Employment Contract: Restrictive Covenants Appeal

This is an appeal from a summary judgment ruling concerning alleged breaches of restrictive covenants and confidentiality clauses by a former employee. The Court of Appeal for Ontario reviewed whether the motion judge erred in finding no breach of the employment agreement and in requiring proof of damages for alleged assistance provided to a competitor. The appeal addressed the onus of proof and the appropriateness of summary judgment in the context of employment contract enforcement.

O. v. O.

O. v. O.: Contempt and Striking Pleadings

This is an appeal from a motion judge's decision to strike pleadings and dismiss a wrongful dismissal action due to the appellant's breach of the deemed undertaking rule and civil contempt. The appellant had disclosed confidential discovery materials to the media and violated court orders regarding a union contact list. The Court of Appeal reduced the sentence for contempt but upheld the dismissal of the underlying employment claim.

Salina Chagpar Professional Corporation v J.

Enforceability of Non-Solicitation Clauses in Employment

This is an interlocutory motion for injunctive relief regarding the enforceability of non-solicitation and confidentiality clauses in an employment contract. The plaintiff sought to prevent a former employee from soliciting clients and disclosing confidential information pending trial. The court granted the injunction, upholding the restrictive covenants as enforceable and finding that the plaintiff demonstrated irreparable harm.

EF Institute for Cultural Exchange v. WorldStrides Canada Inc.

Employment Contract: Confidentiality & Fiduciary Duty Summary Judgment

This was a summary judgment motion where the defendant sought dismissal of the plaintiff's action alleging breach of confidentiality and fiduciary duty. The court granted summary judgment, finding no genuine issue for trial as the evidence did not support an actionable breach of confidentiality clauses or fiduciary duties owed by the former employee.

L. v. Proex Inc.

Solicitor-Client Privilege: Company Email Use

This case addresses whether emails exchanged between an employee and his lawyer using a company email account are protected by solicitor-client privilege. The court found that the plaintiff had a reasonable expectation of confidentiality despite using the company account for over two decades and determined that no waiver of privilege occurred.

B A Folding Cartons v. S.

Interim Injunction: Breach of Confidentiality & Loyalty

An employment law case concerning an interim injunction sought to prevent a former employee or current employee from breaching confidentiality and the duty of loyalty to the employer.

Camino Modular Systems Inc. v. K.

Enforceability of Restrictive Covenants in Employment

This is an interlocutory proceeding concerning the enforceability of restrictive covenants in an employment agreement. The court examined whether non-competition, non-solicitation, and confidentiality clauses were reasonable and protected proprietary interests, finding them overly broad, vague, or indefinite. Additionally, the court addressed the admissibility of evidence regarding alleged misuse of confidential information and the test for granting an injunction.

Voysus Connection Experts Inc. v. S.

Confidentiality Injunction & Mareva Order in Employment Dispute

This is an interlocutory proceeding involving former employees who were subject to confidentiality obligations under their employment agreements. The court addressed the employer's application for a Mareva injunction to restrain proceeds from the sale of property and a motion to strike evidence allegedly obtained illegally. The court dismissed the motion to strike the evidence and refused to continue the Mareva order due to insufficient proof of asset dissipation, but granted an injunction prohibiting the former employees from using or disclosing confidential information.

C. v. CEO Global Network Inc.

Consulting Agreement: Non-Compete Void, Damages Awarded

This case concerns a dispute over a consulting agreement involving non-competition and confidentiality provisions. The court found the non-competition provision void for unreasonableness and determined that any breach by the plaintiff was immaterial. The defendant failed to establish just cause for termination, resulting in an award of damages to the plaintiff.

Stress-Crete Limited v. H.

Enforcement of Employment Restrictive Covenants

This is an interlocutory proceeding regarding the enforcement of restrictive covenants in an employment agreement. The court applied the RJR-MacDonald test to determine if injunctive relief was warranted against a former employee who joined a competitor, analyzing the reasonableness of non-solicitation and confidentiality clauses under Shafron v. KRG Insurance Brokers.

B. v. M.

Non-Compete Enforcement: Injunction Denied

This interlocutory proceeding involved a plaintiff seeking an injunction to enforce non-competition and confidentiality clauses against former employees and their new employer. The court found the non-competition clauses overly broad and unenforceable, determined that the businesses were not competitors, and concluded that no irreparable harm was demonstrated, resulting in the denial of the injunction.

2158124 Ontario Inc. v P.

Enforceability of Non-Solicitation Clauses: Interlocutory Injunction

This interlocutory proceeding addresses whether an injunction should be granted to enforce non-solicitation and confidentiality clauses against a former employee who allegedly solicited clients and used confidential information. The court applied the RJR-MacDonald test, examining whether the plaintiff demonstrated irreparable harm and whether the balance of convenience favored the employer.