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  • competition accounts for 4 out of 784 casebriefs.

Style of causeRatio

Canadian Aero v O'Malley, [1974] SCR 592

A fiduciary (director or officer of the corporation) cannot use opportunities acquired from their position as a fiduciary to compete with the corporation.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)

Metropolitan Commercial Carpet Centre Ltd v Donovan (1989), 91 NSR (2d) 99 (NS TD)

General rule: Directors and Officers can leave a corporation and subsequently do competing business.

The common law protects the right to apply one’s skills and pursue professions
** you have the right to put your skills to the best possible use

Pizza Pizza Ltd v Gillespie (1990), 75 OR (2d) 225, 33 CPR (3d) 515

A former fiduciary (director or officer of a corporation) cannot use confidential information for their personal benefit.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)

Re Thompson, [1930] 1 Ch 203

Competition by a director or officer of a corporation is not permissible when their fiduciary relationship subsists.

This is an exception to the general rule that Directors and Officers can leave a corporation and subsequently do competing business (Metropolitan Commercial Carpet Centre v Donovan)