July 7, 2004

Fiduciary duties

Question: When an employee leaves a company in Ontario , if he has not signed a confidentiality agreement, does he still owe a fiduciary duty to the ex-employer? Answer: The Ontario Business Corporations Act outlines the fiduciary obligations that directors and officers of a company owe to their corporation. But an evaluation of the case…

March 17, 2004

Preventing former employees from competing

Question: I own a business in a small town in Ontario . I am about to hire an employee, but I want to make sure that if he quits he won’t set up a competing business. What should I do? Answer: It is important to require the employee to sign an employment agreement which includes…

November 27, 2002

Who owns the invention?

Question: If an employee invents something in the course of her employment, is it the employer or the employee who owns the invention? Answer: Many cases have held there is a common-law presumption the employee would own the invention which she invented. This presumption is subject to two exceptions: an express contract to the contrary…

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