Employees’ smartphones as potential sources of evidence

August 04, 2013 0 COMMENTS

By Antoine Aylwin and Edith Charbonneau

Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les Images Turbo inc. v. Marquis. read more…

Noncompetes Often a Nonstarter

November 29, 2010 0 COMMENTS

By Gulu Punia and Kyla Stott-Jess

Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of Appeal has recently confirmed, in KOS Oilfield Transportation Ltd. V. Mitchell, that common-law fiduciary duties do not generally prevent former employees from working for a competitor.

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