Decision

Peninsula Employment Services Ltd. v. Castillo, 2024 ONSC 5442

2024-07-22

Read full decision. Summary prepared by Alan Macek:

This is an ex parte motion for an Anton Piller order against the four personal defendants and Castillo HR Consulting Inc. (“CHR”) (together the “AP defendants”). The motion is based on the AP defendants’ alleged wrongful activities in unlawfully accessing and removing Peninsula’s proprietary information and documentation, infringing its copyright-protected materials and exploiting its trade secrets. ... I am satisfied that the damage to the plaintiff is very serious. The AP defendants are undercutting the plaintiff’s pricing with their own customers, and using the plaintiff’s copyrighted work to do so. ... Section 39.1 of the Copyright Act permits an injunction to be issued broadly to include works that have not yet been created. The entire nature of the plaintiff’s business is to continually create new copyrighted materials for their clients. I find that the broad injunction is therefore warranted. ... I have signed the order.

 

Canadian Intellectual Property