Plaza Consulting Inc. v. Grieve, 2013 ONSC 5338

The Plaintiffs brought a motion for an interlocutory injunction, alleging unfair competition, appropriation of confidential information and wrongful solicitation of its clients and employees. They argued that these actions were in breach of both employment contracts and fiduciary duties. The defendants are former employees or consultants of the Plaintiff. Furthermore, the new company used by them is in the same consulting technology business, and is a competitor of the Plaintiff. The defendants argued that the alleged confidential information is little more than generic marketing and business practice, and that the customers had already left the Plaintiff.

The Court considered the test for trade secrets and confidential business methodologies and held that there was little in the record that could establish that there was anything unique about the Plaintiff’s business operation. The Court held that the business methods alleged to be appropriated were generic business practices. The Court also found there was no evidence of any ongoing contact with any of the Plaintiff’s clients and no irreparable harm if any solicitation occurred. Finally, the Court refused an order compelling forensic analysis of the Defendants’ computer equipment, as there was no evidence that the equipment still contains some of the Plaintiff’s materials. Thus, the Plaintiff’s motion was dismissed in its entirety.