The test for whether there has been a breach of confidence is not seriously disputed by the parties. I have already indicated that Lac breached a duty of confidence owed to Corona.
I can deal quite briefly with the breach of confidence issue. Specifically, per Lac Minerals Ltd., the Supreme Court said: The information was misused by the party to whom it was communicated.The information was communicated in confidence and.The information conveyed was confidential.v. International Corona Resources Ltd., 2 S.C.R. 574, the elements requiring proof so to constitute a breach of confidence case are: Per the Supreme Court in the case of Lac Minerals Ltd. Interestingly, where breach of confidence involves information that was previously shared, the wrongfulness arises from improper use of the information rather than theft of the information. The field of tort law includes a cause of action, meaning right to bring a lawsuit, known as breach of confidence which relates to the improper use of information by a person or other business with whom the confidential information was previously shared. The success of a business may rely heavily upon secret recipes, proprietary software, unique systems, and customized processes and accordingly, information relating to these key aspects may be highly valued with misuse of such confidential information quite harmful. Understanding What Constitutes As Tortious Breach of Confidence Involving Misuse of Business Secrets What Can Happen If a Business Misuses the Trade Secrets of Another Business? A Breach of Confidence Occurs When Secret Information Is Shared With Another Party Who Then Misuses the Information.
#Breach of confidence series#
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