State Industries Ltd. et al. v. Summers Equipment Inc. et al., 2020 MBQB 77
Read full decision. Summary prepared by Alan Macek:
On September 28, 2018, I granted an Anton Piller Order (APO) authorizing a search of premises and vehicles associated with the defendants and the seizure of evidence. The defendants are seeking to have the APO set aside. ... The plaintiffs’ claim alleges that Mr. Summers, Mr. Wall, Mr. O’Connor and Mr. Pham breached the implied terms of their respective employment agreements with State Mix; breached their duty of confidence owed to State Mix and/or State Industries; breached their confidentiality obligations to State Mix and/or State Industries; surreptitiously diverted, appropriated and converted revenues of State Mix to themselves; misappropriated and made unauthorized use of the drawings, intellectual property and confidential information belonging to State Mix and/or State Industries; and, breached their fiduciary duties owing to State Mix as key employees. The claim alleges that the remaining defendants conspired with Mr. Summers, Mr. Wall, Mr. O’Connor and Mr. Pham to commit these unlawful acts. ... For the reasons that follow, I have concluded that the APO should not be set aside.