The plaintiff brought an urgent motion seeking injunctive relief and an Anton Piller order against former employees and a competing corporation.
Evidence indicated that one former employee downloaded thousands of confidential corporate files prior to leaving employment and that the defendants were using the information to compete for the plaintiff’s principal customer.
Applying the three‑part test for interlocutory injunctions under the Courts of Justice Act and the Rules of Civil Procedure as articulated in RJR‑MacDonald Inc. v. Canada (Attorney General), the court found a serious issue to be tried, irreparable harm to the plaintiff’s business, and that the balance of convenience favoured the plaintiff.
The court held that the defendants’ conduct arguably breached contractual confidentiality obligations, restrictive covenants, and duties of confidence.
Injunctive relief restraining the defendants’ conduct was granted.
