Senior Partner Robert Taylor recently represented two former employees, who were alleged to be its fiduciaries of the Plaintiff employer, in the employer’s motion for an interlocutory injunction. The employer alleged that the former employees had conspired with a third former employee to use the Plaintiff employer’s confidential information to compete against it. Justice Schabas of the Ontario Superior Court dismissed the motion for the injunction, holding that the Plaintiff employer had failed to prove it would suffer irreparable harm and failed to establish that the balance of convenience favoured granting the injunction. Justice Schabas further found that the employer had failed to establish that it possessed any confidential information worthy of protection.

In the subsequent costs endorsement, Justice Schabas awarded $171,000 in legal costs to the two former employees represented by Robert Taylor, and $83,000 in costs to the third employee’s representative.