Facts:
- PRM specialized in insurance for Manitoba's pork industry, combining smaller and larger operators to reduce premiums.
- PRM provided confidential client information to Marsh to obtain insurance.
- Marsh used PRM’s confidential information to solicit PRM’s clients for its own benefit.
- PRM lost significant business and income and had to sell its business at a reduced value.
Court Findings:
- Breach of Contract: An implied confidentiality agreement existed between PRM and Marsh.
- Breach of Confidence: Marsh misused PRM’s confidential information, which was not public and required effort to compile.
- Breach of Fiduciary Duty: Marsh had a fiduciary duty to PRM, which it breached by using PRM’s client information for its own purposes.
- Other Claims: The claims for breach of duty of honesty, wrongful interference with economic relations, and breach of trust were dismissed.
Damages:
- PRM was awarded $1,534,000.00 for loss of income and reduced sale price, plus pre- and post-judgment interest and costs.
Key Precedents:
- Canadian Pacific Hotels Ltd. v. Bank of Montreal
- Lac Minerals Ltd v. International Corona Resources Ltd.
- Bhasin v. Hrynew
- C.M. Callow Inc. v. Zollinger
- Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District
- Soulos v. Korkontzilas
The court found Marsh Canada Ltd. liable for significant breaches, resulting in a substantial financial judgment for PRM.
