Court examines fiduciary duty claims when key employee departs and customers follow to a competing business
A waste management company brought an application for an interlocutory injunction against a former employee and his new employer. The company claimed the employee was its managing partner, a director, and a key employee who owed it a fiduciary duty.
The company alleged the employee resigned from his employment, became a senior executive of a competing business, and solicited its customers, resulting in the loss of 90% of its business.
The company sought to prohibit the employee and competing businesses from using confidential information, including client lists and pricing lists, as well as knowledge of clients' needs and other information unique to each client.
The applicant is a waste management company operating in Calgary. The respondent company carries on a similar, competing business.
The employee was associated with the applicant and is now associated with the respondent company.
The applicant asserts the employee was its managing partner, a director, and a key employee.
The company claims the employee resigned from his employment and became a senior executive of the competing business. The company alleges the employee solicited its customers.
The applicant sought an interlocutory injunction to prohibit the employee and the competing business from using confidential and proprietary information. This included client lists...
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