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ARTICLE · 28 JULY 2025

Misbehaving Employees Beware: Ontario Court Cracks Down On Post-Termination Misconduct

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The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees engage in damaging conduct post-departure.

CanadaEmployment and HR
David Cassin
David Cassin
Madison Stemmler
Madison Stemmler
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The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees engage in damaging conduct post-departure.

In Bougiotis, the Ontario Superior Court of Justice granted substantial injunctive relief against a former employee who misused confidential information and harassed and defamed both his former employer and manager.

Background

The employee in question was employed by CleanMark Group for a period of about two and a half years, as a member of the company's senior leadership team. During his employment, the employee oversaw two of CleanMark's key clients and had access to confidential and sensitive commercial information. His employment was governed by an employment agreement, which included a confidentiality clause.

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