Alberta Court Releases Landmark Decision Protecting Confidential And Proprietary Information

The unauthorized misuse and conversion of confidential and proprietary information is an unfortunate reality for many corporations. Companies spend significant resources in not only developing confidential and proprietary information but also in attempting to protect its confidentiality. Although injunctive relief has become the principal remedy for breach of confidence, it has primarily been confined to preventing the continued misuse of confidential information and has not extended to returning any goods alleged to have been copied using confidential and proprietary information pending trial.

In the recent decision of Catalyst Canada Services v. Catalyst Changers Inc., the Alberta Court of Queen's Bench ordered the seizure of equipment alleged to be derived from confidential information. The decision is the first reported Alberta decision and is only the third reported decision in Canada in a pretrial setting where courts have traced alleged