Ontario CA comments on departing fiduciary’s information-related duties

Yesterday, the Ontario Court of Appeal issued a decision in which it held that a trial judge erred in “blue penciling” a non-competition clause to render it enforceable. It also held that a departing fiduciary does not breach the duty to compete fairly by (1) merely taking confidential information without using it to compete and (2) failing to inform the former employer about an intention to compete.

Veolia ES Industrial Services Inc. v. Brulé, 2012 ONCA 173.