Breach of Confidence

BUSINESS - Breach of Confidence

Among the firm's many significant cases in this area are the following:

  • We represented The Right Honourable Brian Mulroney (the former Prime Minister of Canada) in his breach of confidence action against the author Peter C. Newman.

  • We acted as Ontario counsel for WestJet Airlines Ltd. defending a $200 million claim brought by Air Canada alleging that WestJet had stolen Air Canada's confidential information. Lexpert ranked this case as the #1 business case of 2006.

  • We were retained to act in the Supreme Court of Canada (SCC Case No. 32211) in a case involving one of the world's largest silver discoveries on the issue of whether a remedy is available for breach of confidence when the party who provided the confidential information suffered no detriment as a result of the misuse of the information. IMA Exploration Inc. v. Minera Aquiline Argentina SA (2006), 58 B.C.L.R. (4th) 217 (S.C.), aff'd [2007] 10 W.W.R. 648 (B.C.C.A.).

  • We represented the plaintiff in a case where the defendant had wrongfully acquired ownership of the plaintiff's gold property in Northern Ontario through a course of conduct that included, among other things, the misuse of confidential information. Ontex Resources Ltd. v. Metalore Resources Ltd. (1990), 75 O.R. (2d) 513 (Gen. Div.), appeal allowed in part (1993) 13 O.R. (3d) 229 (C.A.).