Equustek Solutions Inc. v. Jack
Equustek Solutions Inc.
Law Firm / Organization
Robert Fleming Lawyers
Law Firm / Organization
Not Specified
Lawyer(s)

M. Sobkin

Robert Angus
Law Firm / Organization
Robert Fleming Lawyers
Law Firm / Organization
Not Specified
Lawyer(s)

M. Sobkin

Clarma Enterprises Ltd.
Law Firm / Organization
Robert Fleming Lawyers
Law Firm / Organization
Not Specified
Lawyer(s)

M. Sobkin

Morgan Jack aka Matt Garcia aka Matt Garci aka Ian Taylor
Law Firm / Organization
Not Specified
Andrew Crawford aka Derek Smythe
Law Firm / Organization
Unrepresented
Datalink Technology Gateways Inc.
Law Firm / Organization
Not Specified
Datalink 5
Law Firm / Organization
Not Specified
Datalink 6
Law Firm / Organization
Not Specified
John Doe
Law Firm / Organization
Not Specified
Datalink Technologies Gateways LLC
Law Firm / Organization
Not Specified
Lee Ingraham aka Darren Langdon
Mike Bunker
Law Firm / Organization
Kornfeld LLP
Igor Cheifot aka Jolio Fernandez
Law Firm / Organization
Not Specified
Alexander Cheifot aka Randy Schtolz
Law Firm / Organization
Not Specified
Frank Geiger aka Felix Fernandez
Law Firm / Organization
Not Specified
Alfonso Doe
Law Firm / Organization
Not Specified
Colin Marsh
Law Firm / Organization
Bojm, Funt & Gibbons LLP
Lawyer(s)

Malcolm Funt

Kathleen Marsh
Law Firm / Organization
Not Specified
  • The case "Equustek Solutions Inc. v. Jack" involves Equustek Solutions Inc., Robert Angus, and Clarma Enterprises Ltd. (appellants) against multiple respondents, including Lee Ingraham, Colin Marsh, and Mike Bunker. The appellants accused former employees and associates of misappropriating Equustek's confidential information to develop a competing product, leading to claims of breach of confidence, passing off, and conspiracy.

    Key points from the case include:

    • Breach of Confidence: The trial judge found certain defendants liable for misusing Equustek’s confidential information but did not find Ingraham and Marsh liable, leading to an appeal by Equustek.

    • Passing Off: Equustek alleged that respondents passed off their product as Equustek’s, deceiving customers and leveraging Equustek's goodwill.

    • Conspiracy: The appellants claimed Ingraham and Marsh were part of a conspiracy to undermine Equustek’s business, a claim the trial judge did not uphold for lack of evidence.

    • Damages: The trial awarded substantial damages against the non-participating defendants, including $1 million for lost sales, with additional awards for copyright infringement, future lost sales, and punitive damages.

    • Appeal Outcome: The appeal was dismissed concerning most grounds, affirming the trial judge’s findings. However, it allowed the appeal regarding a Bullock costs order, permitting Equustek to recover costs from the unsuccessful defendants.

 

  • The appellate court upheld the trial judge’s decisions, emphasizing the judge's comprehensive analysis and the substantial evidence supporting her findings. The court’s approach highlighted the deference appellate courts give to trial judges' factual determinations, emphasizing the need for palpable and overriding error to justify appellate intervention.
  • No amount for costs/award specified.
Court of Appeals for British Columbia
CA46900
Corporate & commercial law
Respondent