Morgan Canada Corporation v. MacDonald
Morgan Canada Corporation
Law Firm / Organization
Not Specified
Kristopher MacDonald
Law Firm / Organization
Loopstra Nixon LLP
Francesco DiNardo
Law Firm / Organization
Loopstra Nixon LLP
Reefer Sales and Service (Toronto) Incorporated
Law Firm / Organization
Loopstra Nixon LLP
Caroline Bettger
Law Firm / Organization
Loopstra Nixon LLP
In the case of Morgan Canada Corporation v. MacDonald dated September 15, 2023, the plaintiff, Morgan Canada Corporation, had filed a lawsuit against its former employees, the defendants Kristopher MacDonald and Francisco Di Nardo, along with Reefer Sales and Service (Toronto) and Caroline Bettger, Mr. MacDonald's wife. The lawsuit had alleged breaches of fiduciary duties, employment contracts, company policies, and the torts of breach of confidence and spoliation. MacDonald and Di Nardo had left Morgan Canada to work for Reefer Sales in 2022, the same year Reefer Sales began competing with Morgan Canada. Morgan Canada had claimed that MacDonald had forwarded work emails to his wife's account, and Di Nardo had sent emails to his personal account, suggesting a conspiracy to steal confidential information and customers. The company had sought injunctive relief, including barring MacDonald and Di Nardo from working for Reefer Sales or its competitors until trial, an independent inspector's appointment, a preservation order, and a sealing order. However, the court found that Morgan Canada had presented insufficient evidence to support its claims. MacDonald's explanation for forwarding emails had been unchallenged, and Reefer Sales had denied receiving confidential information or competing unfairly. The court had ruled that Morgan Canada had not met the criteria for an extraordinary injunction. It had also found no strong prima facie case for the alleged breaches and no demonstrated irreparable harm.
Superior Court of Justice - Ontario
CV-23-00696765-0000
Tort law
Defendant