Court File No.: CV-24-00730656-0000
ONTARIO
SUPERIOR COURT OF JUSTICE
THE HONOURABLE
WEDNESDAY THE 13^th^
JUSTICE J. DIETRICH
DAY OF NOVEMBER 2024
B E T W E E N:
ACCOUNTING FOR LAW INC.
Plaintiff / Moving Party
- and –
JESSICA CHAPPELLE
Defendant / Responding Party
ORDER
THIS MOTION, made by the Plaintiff, Accounting For Law Inc., for an Order seeking interlocutory and permanent injunctions, as well as preservation and disclosure orders, was heard via videoconference this day at the Toronto courthouse, at 330 University Ave., Toronto, Ontario M5G 1R7.
ON READING the Motion Record of the Plaintiff, filed, the Affidavit of Jacques Tjonasan, affirmed on November 5, 2024, filed, the Affidavit of Tonya Tobin, affirmed on October 31, 2024, filed, the Affidavit of Justine Beauregard, affirmed on October 31, 2024, filed, the Affidavit of Monika Kieszkowska, affirmed on November 4, 2024, filed, and the Supplementary Affidavit of Tonya Tobin, affirmed November 5, 2024, filed, the Consent of the Parties, and on hearing the submissions of the parties,
- THIS COURT ORDERS that the Defendant, including her servants, agents and anyone acting on her behalf, are restrained via interlocutory / interim injunction, until May 15, 2026, from:
a. directly or indirectly, in any capacity whatsoever, soliciting, contacting, approaching, entering into agreements, or in any way seeking to do business with any of the Plaintiff’s clients or customers, including but not limited to customers particularized in Schedule “A” that she had knowledge of or ought to have known in the course of her employment with the Plaintiff for the purpose of obtaining the business of such clients or customers for the Defendant’s own account or on behalf of any person or corporation which carries on a business similar to or in competition with that of the Plaintiff; and
b. directly or indirectly, in any capacity whatsoever, offering employment or work to any of the Plaintiff’s employees or contractors, that she had knowledge of or ought to have known in the course of her employment with the Plaintiff or induce or attempt to induce any of the Plaintiff’s employees or contractors to be employed or engaged by any person or corporation that competes with the Plaintiff.
- THIS COURT ORDERS that the Defendant, including her servants, agents and anyone acting on her behalf, are restrained via permanent injunction from:
(a) using, divulging, selling, giving, circulating or otherwise distributing any confidential information of the Plaintiff, such confidential information including all information, data, documents, agreements, files and other materials in whatever form including, without limitation, in written, oral, visual or electronic form, which was disclosed or otherwise furnished to the Defendant in the course of her employment, whether or not such information was marked confidential, that relates directly or indirectly to the Plaintiff’s business, clients, customers, products, services, referral sources, suppliers, finances, intellectual property and trade secrets, including:
(i) any of the Plaintiff’s client’s financial information, documentation and other material related to the Plaintiff’s client’s firm including, without limitation, credentials to access any of the firm’s financial or business information, employee information, or information regarding client’s federal and provincial government account;
(ii) all or any portion of analysis, notations, plans, compilations, reports, forecasts, studies, samples, statistics, summaries, interpretations and other documents created, developed, prepared, received, obtained, or generated or derived from such information, data, documents, agreements, files or other materials in connection with the Defendant’s employment with the Plaintiff; and
(iii) any other non-public information, tangible or intangible, that is of value to the Plaintiff.
(b) make, publish, or incite any third parties to make or publish any written or oral statements which are false, misleading, disparaging, deleterious, or damaging to the integrity, reputation, or goodwill of the Plaintiff that the Defendant knows or ought to have knowledge of during the course of her employment their business, workers, students, suppliers, or referral sources, which extends to any electronic communications, including but not limited to blogs, social media posts / comments, and / or review websites.
THE COURT ORDERS the production of documents by December 20, 2024, whereby the Defendant is to produce to the lawyers for the Plaintiff any and all work related records and correspondence between herself and clients and employees of the Plaintiff, including, but not limited to those that are relevant to the claim set forth in the Notice of Action, including, without limitation, work related e-mails, work related recordings, work related videos, work calendar appointments, as of October 1, 2024 up to and including the date of the Order.
THE COURT ORDERS that the Defendant will not provide any accounting services to Jake Shen, or any other Accounting for Law clients as particularized in Schedule “A” effective immediately for a period of eighteen (18) months from the date of this Order or May 15, 2026, whichever is earlier, or as the Court may otherwise direct.
THIS COURT ORDERS that the Defendant shall return all outstanding company property to the Plaintiff, including work laptop, login information and passwords for any email address associated with the Plaintiff, by no later than November 15, 2024.
THIS COURT ORDERS that in exchange for consideration of an additional week of pay, the Defendant shall promptly respond to all minor requests and information (which includes but is not limited to providing authentication codes received on her personal phone when Accounting For Law logs into client systems and banking), from Accounting For Law in relation to the business of Accounting For Law.
THIS COURT ORDERS that the Plaintiff shall immediately assign any new staff member to any log in credentials or signing authority on behalf of Accounting for Law including but not limited to Banks, Unity, Teraview and Treefort that are currently in the Defendant’s name.
THIS COURT ORDERS that the costs of this motion and the action in the amount of $10,000 inclusive of HST and disbursements, shall be paid by the Defendant, Jessica Chappelle, to the Plaintiff, Accounting For Law Inc., within 30 days, bearing interest at a rate of 6 per cent per year, commencing on the date of this Order.
THIS COURT orders that The Plaintiff shall file a Notice of Discontinuance in this matter if paragraphs 5 and 8 of this Order are fully complied with.
The Honourable Justice J. Dietrich
Schedule “A”
Firm name
Braken Law Firm (TMB)
14 Chruch Street
Achtari Law
Brixton Law
Brooker Law Office
Brooks Professional Corporation
Chad Regan, Barrister & Solicitor
Chantel Mc Collum
Colleen Clark
Darren Sederoff
David A. Ferr Professional Corporation
Desloges Law Group Immigration Lawyers
Donaldson, Mesha
Double Diamond Law Corporation
Drapeaulex Inc
Elena Steinberg
Ernest G. Tannis Professional Corporation
Fourteen Church Street Property Inc.
Graham Scott
Guy Le Madec, Barrister & Solicitor
INB Family Law LLP
James Almas
James D. Almas Professional Corporation
Joseph Young Professional Corporation
Julia Munk
Kemi Palmer
Kimberley A. Cunnington - Taylor B.S.
KMH Lawyers Professional Corporation
Laura Young Barrister & Solicitor
Leone Murray LLP & James Leone PC
Magas Law Professional Corporation
Mann Hayward Professional Corporation
Mark Resmini
Mark Richardson, Barrister & Solicitor
Massey LLP / Massey Holding Co
McMurter and Associates
MG Law
Michel Drapeau Law Office
Mindy Caterina Barrister & Solicitor
Moutsatsos Laakso Alexander LLP
Murray & Associates
Nadim Kurji Law Professional Corporation
Nawaz Law Office
Peter Woloshyn
Rindi Law Professional Corporation
SH Law Professional Corporation
Shakleton Taylor
Shariff Law
Solcz Law
Steinmetz Law PC
Tadros Law Professional Corporation
Tandem Professional Corporation
Taylor'd Litigation Professional Corporation
True North Law
Veteran's Benevolent Fund
Wakelin & Associates
Warden Wright LLP
Wilson Brigneti Barrister & Solicitor
McMurter and Associates
James D. Almas, B.A. (Hons), LLB ALMAS LAW (James D. Almas Professional Corporation)
Chad Regan, Barrister & Solicitor
Moutsatsos Laakso Alexander LLP — Sheena Alexander
ACCOUNTING FOR LAW INC.
- and -
JESSICA CHAPPELLE
Plaintiff
Defendant
Court File No: CV-24-00730656-0000
ONTARIO
SUPERIOR COURT OF JUSTICE
PROCEEDING COMMENCED AT
TORONTO
ORDER
WALKER LAW
PROFESSIONAL CORPORATION
1 Adelaide Street E, Suite 2501
Toronto, Ontario M5C 2V4
Tanya Walker (LSO#: 52997A)
Tel: 647-342-2234 ext. 302
Matthew Thomson (LSO#: 82366L)
Tel: 647-342-2234 ext. 300
Lawyers for the Plaintiff / Moving Party
Accounting For Law Inc.