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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

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Why claim a breach of fiduciary duty when a breach of confidentiality already exists?

In England Securities Ltd. v. Ulmer, 2023 BCCA 241 (CanLII) Mr. Ulmer worked for England as an Investor Relations Manager. In this role he had access to an extensive list of his employer's clients, namely people who invested in their property syndication arrangement.

By | 4 Minutes Read

Rights and obligations of fiduciary employees

Conflicts between employers and fiduciary employees most commonly arise where the individual has sought for herself a business advantage which should have accrued to the employer or attempted to solicit clients and/or misused confidential information following the end of the employment relationship.

By | 3 Minutes Read

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

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Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

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