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Legal Guide


In Canada, there is no legislation which protects trade secrets. At common law, information may be protected as a trade secret if:

  • •     it is not publicly available or otherwise generally known within the relevant industry or trade; and
  • •     it is treated as secret or confidential at all times by its owner, and adequate steps are taken for this purpose.

To make an effective claim, the plaintiff must show that there has been unauthorized use of the information to his or her detriment.

Employees have an implied obligation not to divulge their employers’ trade secrets. After termination of employment, employees may not use confidential information acquired during such employment. Senior management also have a fiduciary duty to their employer or former employer, which increases their accountability for improper use of confidential information.

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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