Is there any case law or case law that supports the claim that there are trade secrets or confidential information?

British Columbia, Canada


The following excerpt is from Corporate Images Holdings Partnership v. Satchell, 2008 BCSC 525 (CanLII):

With respect to the alleged “trade secrets”, there is not a whit of evidence as to what might constitute a trade secret. Corporate Images does not carry on any business that deals with formulae or patents or trademarks. In Ebco Industries v. Kaltech Manufacturing Ltd., [1999] B.C.J. No. 2350, Gill J. stated, at para. 48: . . . It cannot be the case that merely because the relief sought is interim rather than permanent that a bare statement that there is a "unique" process is sufficient to support a conclusion that there is a fair question to be tried as to the existence of confidential information or trade secrets. As was pointed out by counsel for the defendants, nowhere in the materials is there a specific description of any process or system such that the alleged confidentiality can be assessed. At best, there is reference to "certain techniques such as modifying machines or retooling". Neither the collective agreement nor the employment contract referred to above can remedy this deficiency. I therefore cannot accede to the plaintiff's argument that a fair question has been made out on this issue.

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