A worker was not a fiduciary employee but breached his normal duties of loyalty and fidelity when he resigned and took company documents with him, an Ontario court has ruled.
However, the employer wasn’t able to prove it suffered any losses from the worker’s breach, so the court declined to award any damages.
Fiduciary employees are those who are integral to a company’s management team, according to Jeff Rochwerg, an employment lawyer at Turnpenney Milne in Toronto.
