What is the test for quality of confidence in information provided by an individual to a corporation?

Alberta, Canada


The following excerpt is from Aram Systems Ltd. v. NovAtel Inc., 2008 ABQB 441 (CanLII):

The authorities refer to six factors which ought to be considered to determine if the information has a quality of confidence. They are: (1) the extent to which information is known outside the owner’s business; (2) the extent to which it is known by employees and others involved in the owner’s business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and his competitors; (5) the amount of money or effort expended by him in developing the information; and (6) the ease or difficulty with which the information could be properly acquired or duplicated by others [i.e. by their independent endeavours]. See Pharand Ski Corp, at para. 137, quoting Ansell Rubber Co v. Allied, [1867] V.R. 37 and Deta Nominees Pty. Ltd. v. Viscount Plastics Products Pty. Ltd., [1979] V.R. 167.

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