Background:

• Amit Arora was employed by ICICI Bank for 15 years, most recently as Assistant Vice-President, handling products for foreign students.
• In October 2020, the Bank's data leakage prevention system flagged numerous emails from Arora’s work email to his personal email, containing confidential information.

Key Issues:

1. Termination for Cause:
   • The Bank terminated Arora's employment for cause, citing breaches of various policies.
   • Arora claimed wrongful dismissal and sought compensation.
2. Fiduciary Duties:
   • The Bank argued Arora breached fiduciary duties, but the court found he did not have the autonomy required to be a fiduciary.
3. Breach of Duties:
   • Arora breached duties of good faith, loyalty, and confidentiality by sharing confidential information with competitors (BMO and RBC), incorporating a company (BrainTree) to compete with the Bank, and involving subordinates in these plans.
4. Investigation and Honesty:
   • Arora was dishonest during the Bank's internal investigation, failing to fully disclose his activities and intentions.

Court Findings:

• Breach of Duties: Arora breached his duties by sharing confidential information and planning to compete with the Bank while still employed.
• Termination Justified: The court ruled the cumulative effect of Arora’s actions justified termination for cause.

Outcome:

• The court ruled in favor of ICICI Bank of Canada, concluding that the Bank had just cause to terminate Arora's employment.
• The court did not specify an exact amount for costs.