Ontario Civil


Injunctions

INTERLOCUTORY RELIEF
Plaintiff put in serious jeopardy by action of defendants in misappropriating business information

Motion by plaintiff for injunctive relief against defendants. Defendants were former employees of plaintiff. Plaintiff was in business of manufacturing plastic bottles. Plaintiff determined that one day before his departure from his employment with plaintiff, defendant had transferred some 8,465 files containing important confidential and proprietary information of plaintiff. Defendants purchased bottle manufacturing machine. There was serious issue to be tried. Evidence suggested that defendants were in breach of their employment contractual obligations and common law duty of confidence to plaintiff not to disclose or use trade secrets and confidential information. Evidence indicated that irreparable harm would be experienced by plaintiff if injunctive relief was not granted. Harm caused to plaintiff could not be quantified in monetary terms. Plaintiff was put in serious jeopardy by action of defendants in misappropriating confidential business information through permanent market loss and irrevocable damage to its business. Injunction was appropriate given competing interests of parties.


Corona Packaging Inc. v. Singh

(May 7, 2012, Ont. S.C.J. (Comm. List), Cumming J., File No. CV-12-9710-00CL) 214 A.C.W.S. (3d) 594 (5 pp.).

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