A former employee who unlawfully took confidential documents for litigation purposes was ordered to return and destroy them.
The defendant, Ecolab Co., brought a motion seeking an order to compel the plaintiff, Joe Rae, a former employee, to return confidential company documents he had taken without authorization.
Rae, a former Canada Controller, admitted to taking the documents for litigation purposes after his employment was terminated without cause.
Ecolab asserted after-acquired cause and counterclaimed for breach of fiduciary duty and confidence.
The court found the documents to be confidential and held that Rae's self-help approach circumvented proper discovery procedures.
The motion was granted, ordering Rae to return and destroy all copies of the documents, emphasizing that such self-help remedies are not condoned and that the balance of convenience favored Ecolab due to the confidential nature of the information and the potential for irreparable harm.
SCJSuperior Court of JusticeOct 23, 2023
