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.
