What is the test for an actionable breach of confidence?
British Columbia, Canada
The following excerpt is from McDaniel v. McDaniel, 2008 BCSC 653 (CanLII):
The test for establishing an actionable breach of confidence is described in Foreman v. Chambers, 2006 BCSC 1244, varied, without affecting this issue, at 2007 BCCA 409. At para. 56 Myers J. said: The test for establishing an actionable breach of confidence is a three–part one. The plaintiff must show that: (a) the information was confidential, (b) the information was communicated in confidence, (c) the information was misused by the party to whom it was communicated.
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