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.
In a recent landmark case, the United Kingdom Supreme Court held in BTI 2014 LLC v. Sequana SA & Ors,  UKSC 25 that directors of a corporation owe a fiduciary duty to creditors when a corporation is at or near insolvency.
Imagine you are the CEO of a marketing company. One of your employees, Nav, recently resigned and started freelancing her marketing services. Throughout her ten years of employment, Nav developed a close relationship with many of your company’s clients. One day, your client Sam calls to inform you that his firm will no longer require your company’s services. You later learn that Sam took his business to Nav.