Bourgault Industries Ltd. v Graham
Bourgault Industries Ltd.
Law Firm / Organization
McDougall Gauley LLP
Kevin Graham
Law Firm / Organization
W Law LLP
Jodi Graham
David Graham
102053515 Saskatchewan Ltd. carrying on business under the firm name and style Buffalo Ag

Facts:
Bourgault Industries Ltd. (BIL) sued Kevin Graham, Jodi Graham, David Graham, and 102053515 Saskatchewan Ltd., operating as Buffalo AG, for allegedly misusing confidential information to develop a competing product. BIL claimed civil conspiracy, breach of contract, unjust enrichment, and reputational damage. Kevin Graham, a former employee, counterclaimed for wrongful dismissal and unfulfilled contractual promises related to shares in Bourgault CHN Investments Inc. (BCII).

Legal Issues:

  1. Confidential Information Misuse: BIL alleged Kevin Graham improperly disclosed trade secrets about the BTT Tip to Buffalo AG, breaching his employment contract.
  2. Civil Conspiracy: BIL asserted that all defendants conspired to harm its reputation and economic relations with Bourgault Tillage Tools Ltd.
  3. Wrongful Dismissal: Kevin Graham argued he was terminated without cause and sought damages.
  4. Unjust Enrichment and Constructive Trust: Kevin Graham claimed compensation for work on a Chinese manufacturing venture.

Court Rulings:
The court dismissed portions of BIL’s disclosure applications, finding insufficient evidence of withheld documents. It allowed Kevin Graham’s counterclaim to proceed, citing evidence supporting possible agreements and unjust enrichment. Buffalo AG’s motion to strike BIL’s claim was denied, finding the conspiracy allegations plausible.

Costs/Awards:
No specific damages or costs were awarded, as the litigation was at an interlocutory stage. The parties were ordered to complete further procedural steps before trial.

Court of King's Bench for Saskatchewan
QBG-MF-00051-2021
Civil litigation