Facts: Ace Excavating Ltd. alleges that former employees Bersenev and Legault, while planning to start Cancon Construction Ltd., a direct competitor, misused confidential information belonging to Ace.
Issue: The primary legal issue involves the alleged breach of contract, civil conspiracy, and breach of fiduciary duty by Bersenev and Legault by misappropriating Ace's confidential information to benefit Cancon.
Court's Ruling: The court granted Ace's application for document production from the defendants in part, emphasizing the need for proportionality in the requests. It allowed for the production of documents that were directly relevant to the claims but denied requests deemed too broad or akin to a fishing expedition.
Costs/Damages Awarded: The court did not specify an amount for costs or damages in the decision. Instead, it noted that the costs of this application would be in the cause, meaning the determination of costs would be made as part of the overall resolution of the case.
