We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how damages for the future use of confidential information will be calculated.
In Cruise Connections, a number of sales representatives left Cruise Connections and started their own business. Before they left, the sales representatives copied the company’s customer database. The database contained information on customers’ names, contact information, past trips, preferences, and other valuable information.