Canada Case Law

Quality Chain Canada Ltd. v. Xu

Court

Supreme Court of British Columbia

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

• Injunction
• Breach of confidence
• Non-compete
• Non-solicitation
• Fiduciary duty
• Forensic computer evidence

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

Trial judgment in a closely held company dispute: the court rejected oppression and winding-up claims, but awarded airG damages for post-2019 personal expenses and unjust enrichment involving StudyPug.

• Oppression remedy
• Just and equitable winding up (s.214 cbca)
• S.241 cbca oppression
• Fiduciary duty of directors
• Breach of contract
• Statute of limitations (limitation act)

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Sui v. HungryPanda Tech Ltd.

Court

Supreme Court of British Columbia

The court held the email exchange formed the employment contract, but the later termination clause was unenforceable for lack of fresh consideration. Damages were set at six months' notice.

• Termination clause enforceability
• Consideration for contract variation
• Reasonable notice
• Mitigation of damages
• Non-competition restrictions
• Wrongful-dismissal

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Bouchard v. Facility Condition Assessment Portfolio Experts Ontario Ltd.

Court

Supreme Court of British Columbia

La Cour a conclu à un terme d’emploi fixe minimal de trois ans, a alloué des dommages pour congédiement hâtif, a validé une clause restrictive commerciale et a ordonné le paiement retenu de 5 000 $.

• Wrongful dismissal
• Breach of contract
• Non‑compete
• Non‑solicitation
• Asset purchase agreement
• Damages

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Adams v. Thinkific Labs Inc.

Court

Supreme Court of British Columbia

The court held that an emailed employment offer and acceptance formed a binding contract, and a later restrictive letter without fresh consideration was unenforceable.

• Termination
• Severance
• Consideration for contract modification
• Non-competition clauses
• Notice period
• Mitigation of damages

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

Court

Court of Appeal for Ontario

The Court concluded the evidence on the record was insufficient to establish that Conklin breached confidentiality or the restrictive covenant or that WorldStrides knowingly assisted any breach; the respondents met the evidentiary burden on summary judgment and there was no genuine issue requiring trial, so the appeal was dismissed.

Source excerpt

• Summary judgment
• Severance agreement
• Non-compete
• Breach of confidence
• Fiduciary duty
• Disgorgement

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Accurate Material Testing Ltd. v. Keshavarzi

Court

Supreme Court of British Columbia

Accurate’s interlocutory injunction application was dismissed because it failed to show a strong prima facie case, irreparable harm, or a favourable balance of convenience.

• Interlocutory injunction
• Non-competition/non-solicitation
• Confidentiality
• Misappropriation of client information
• Strong prima facie standard
• Balance of convenience

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Powertech Labs Inc. v. Das

Court

Supreme Court of British Columbia

La Cour suprême de la Colombie-Britannique a traité une demande d’injonction dans un litige entre Powertech et d’anciens employés au sujet d’informations confidentielles, de clients et d’un fournisseur.

• Fiduciary duty
• Breach of confidence
• Civil conspiracy
• Injunctive relief
• Non-compete
• Confidential information

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Quick Pass Master Tutorial School Ltd. v. Zhao

Court

Supreme Court of British Columbia

The court held the non-compete and confidentiality clauses enforceable, found breaches, awarded $50,000 in damages, denied an injunction and punitive damages, and granted special costs.

• Non-compete
• Non-solicitation
• Confidentiality clause
• Breach of contract
• Permanent injunction
• Punitive damages

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Arbutus Investment Management Ltd. v. Russell

Court

Supreme Court of British Columbia

Summary trial dismissal of AIM’s fiduciary-duty and contract claims against Russell over alleged confidential disclosures, competing business conduct, damages, and limitation periods.

• Fiduciary duty
• Confidentiality and ndas
• Non-compete agreements
• Damages and disgorgement
• Injunctions
• Limitation periods

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