References: (1989) 61 DLR (4th) 14 Can SC (Canada), [1989] 2 SCR 574, [1990] FSR 441, 69 OR (2d) 287, 1989 CanLII 34 (SCC)
Links: Canlii
Coram: McIntyre, Lamer, Wilson, La Forest and Sopinka JJ
Supreme Court of Canada on appeal from the court of appeal for ontario – Commercial law — Confidentiality — Mining companies discussing possible joint venture — Confidential exploration results disclosed during discussions — High potential property adjacent to lands of exploration company — Mining company in receipt of information purchasing property for own use — Whether or not company in breach of duty respecting confidences — Whether or not breach of fiduciary duty — If so, the appropriate remedy.
Industrial and intellectual property — Trade secrets — Confidentiality — Mining companies discussing possible joint venture — Confidential exploration results disclosed during discussions — High potential property adjacent to lands of exploration company — Mining company in receipt of information purchasing property for own use — Whether or not company in breach of duty respecting confidences — If so, the appropriate remedy.
Trusts and trustees — Fiduciary duty — Trade secrets — Confidentiality — Mining companies discussing possible joint venture — Confidential exploration results disclosed during discussions — High potential property adjacent to lands of exploration company — Mining company in receipt of information purchasing property for own use — Whether or not breach of fiduciary duty — If so, the appropriate remedy.
Remedies — Unjust enrichment — Restitution — Constructive trust — Nature of constructive trust — When constructive trust available.
Last Update: 03-Dec-15 Ref: 556253