What is the test for breaching confidential information?
Alberta, Canada
The following excerpt is from Gainers Inc. v. Pocklington, 1995 ABCA 177 (CanLII):
There is one vital point in the reported Canadian cases, such as Martin v. Gray. The evil which they guard against is violating confidences. If the "new" client is also the "old" client, then he knows the facts already, and the evil cannot arise. As against him the information is not "confidential". Nor can it be.
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