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Federal Court approved a data-breach class settlement, honoraria, and class counsel fees, and allowed objectors a further opt-out opportunity.
The application was dismissed because (1) the plaintiff delayed unreasonably in bringing the interlocutory application such that any reasonable post-employment non-solicitation period (approximately 12 months) had largely expired and delay undermined each element of the injunction test; and (2) the plaintiff failed to identify its asserted confidential information with the requisite specificity, so mandatory and prohibitory orders regarding undefined confidential information would be unjust and unworkable.
Source excerpt
The Ontario Court of Appeal denied an extension of time to appeal after finding the proposed appeal lacked merit in a breach of confidence case over a settlement email.
The Court of Appeal dismissed Titus Steel’s appeal, upholding findings that the former employee was not a fiduciary and that no compensable loss was proven.
The court dismissed Epiroc’s interlocutory injunction application, finding its confidential information case too vague, its harm evidence speculative, and key hearsay inadmissible.
The court granted AFX an interlocutory injunction and leave to serve interrogatories over alleged misappropriation and use of confidential business information by a former director and family company.
The court dismissed the plaintiffs’ appeal and late amendment application, and struck parts of their amended response. The proposed IP and confidence claims were new, delayed, and prejudicial.
The court struck Steelhead’s claims against Pembina in a commercial pleading motion, but allowed an amended notice of civil claim within 45 days.
The court certified additional common issues in this privacy class action and held the amended pleadings adequately alleged breach of contract, honest performance, and disgorgement.
Certification was refused in this proposed class action over RCMP access to members’ health records, though some pleaded privacy, confidence and negligence claims survived.
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