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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.
Damage assessment after default judgments for misuse of confidential information. The court awarded disgorgement, special damages, punitive damages, interest and costs.
Applied relevance and proportionality tests and ordered limited, time‑bounded production of specific categories of documents that are reasonably likely to assist Plaintiff in proving appropriation of CFW IP and quantum meruit, while refusing or limiting disclosure of categories deemed irrelevant or disproportionate and requiring confidentiality protections for sensitive materials.
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The court refused to set aside an Anton Piller order in a commercial dispute, finding no material non-disclosure and that the order’s requirements remained met.
The court refused to add two former employees as defendants, finding joinder was not just and convenient given admissions of liability and the existing claims.
The motion judge correctly interpreted the restrictive covenant as a non-competition clause (driven by the phrase "or accept business"); because it contained no temporal limitation it was unreasonable and unenforceable; the appellant failed to prove that any disclosed information had the requisite quality of confidence or that solicitation occurred; accordingly summary dismissal of the appellant's claims was correct and leave to appeal the costs award was denied.
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Application over production of electronic documents and metadata in a commercial dispute about alleged misuse of confidential pricing information.
The court stayed claims against former employee defendants, holding the dispute’s essential character arose from the collective agreement and fell within arbitration.
The Court of Appeal held that the motion judge correctly found jurisdiction because the place of contract presumptive connecting factor was satisfied—contracts were made in Ontario under the instantaneous electronic acceptance rule—and the appellants failed to discharge the burden to show China was a more appropriate forum; consequently the appeal from the refusal to stay the Ontario action was dismissed.
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The court dismissed Cruise Connections’ request to keep Szeto’s judgment debt alive under s. 178(1)(e) of the BIA, finding the liability arose from breach of contract and conversion.
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