Appellant
Respondent
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.
Court
Court of Appeals for British ColumbiaCase Number
CA46900Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date
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