The appellant employer appealed a trial judgment finding that its former successful salesperson was not a fiduciary and did not misuse confidential information when he left to start a competing business.
The Court of Appeal upheld the trial judge's findings, noting the employee had no management authority, hiring power, or corporate decision-making ability, and thus was not a fiduciary despite his high sales volume.
The Court also agreed that the customer information used was not confidential and the industry relied more on price and service than personal influence.
