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ARTICLE · 04 JANUARY 2013

Legal Technology

Gowling WLG
Gowling WLG
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Gowling WLG

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In this matter before the Court of Appeal of Alberta, Spence Corrosion Services Ltd. and Norman Spence brought two appeals from an interlocutory injunction and from a finding of contempt.

CanadaLitigation, Mediation & Arbitration

CASE LAW

Penalty for the destruction of relevant evidence

Fuller Wester Rubber Linings Ltd. v Spence Corrosion Services Ltd., 2012 ABCA 137.

In this matter before the Court of Appeal of Alberta, Spence Corrosion Services Ltd. and Norman Spence brought two appeals from an interlocutory injunction and from a finding of contempt. The individual appellant had been employed by the respondents for 22 months. In September 2010, the appellant left to set up his own company, competing directly with the respondents and obtaining contracts from the respondent's customers, as well as employing former co-employees. There was also evidence that the appellant made use of confidential proprietary information.

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