Key Points:

• Nature of Case:
  • Imperial Printing sought an interlocutory injunction against former employee Angie Reimer and her current employer Westkey Graphics Ltd.
  • Alleged breach of fiduciary duty and misappropriation of property.
• Imperial Printing’s Claims:
  • Ms. Reimer, a key employee (fiduciary), allegedly enticed customers to Westkey, causing financial losses.
  • Sought to prevent Ms. Reimer and Westkey from soliciting its clients for one year.
  • Claimed Ms. Reimer took client-related property for Westkey’s benefit.
• Respondents' Defense:
  • Ms. Reimer was not a fiduciary and did not breach any duty.
  • Any losses were not due to Ms. Reimer’s actions and could be compensated by damages.
  • Ms. Reimer provided an explanation for possessing the PCL material.
• Court’s Analysis:
  • Existence of Fiduciary Duty:
    • Ms. Reimer’s role did not meet fiduciary criteria as she lacked independent authority or discretion over business operations.
    • Being a valuable employee does not establish fiduciary status.
  • Alleged Breach:
    • No strong prima facie case of improper client solicitation.
    • Emails notifying former clients of her new job did not constitute solicitation.
    • Evidence did not support claims of misappropriation or misuse of confidential information.
  • Irreparable Harm:
    • Imperial Printing failed to show irreparable harm that could not be compensated by damages.
  • Balance of Convenience:
    • Favored the respondents as preventing customer choice is not in the public interest.
    • Imperial Printing’s case was weak regarding fiduciary duty breach.
• Result:
  • Application for an interlocutory injunction was dismissed.
  • No monetary awards or costs ordered.