Ryan Berger Quoted in Canadian HR Reporter Article About Standards of Evidence for Employers Alleging Digital Theft
Lawson Lundell lawyer Ryan Berger was quoted in an article by Canadian HR Reporter titled, '' Weak confidentiality clauses, vague damages pleadings derail employer claims." The article discusses the Contino v. Olymel L.P. case and examines the requirements for proving breach of confidentiality by a former employee.
The Ontario Superior Court of Justice struck out the company's counterclaim of breach of contract, breach of confidence and copyright infringement in its entirety because the company was not "specific enough in describing what confidential information was misused, and exactly what financial consequences it had suffered as a result."
“It is challenging, especially at the beginning, to determine and identify what the damages are,” Ryan said. “The damages don't often materialize right away. For instance, loss of business if clients move – that sort of thing doesn't necessarily happen right away … contracts or purchases don't necessarily change in the first month or two."
Ryan describes strategies for employers to maintain their information in confidence and monitor employee activity in compliance with privacy laws. Ryan explains “an employer shouldn't necessarily be rifling through the employee's inbox in total, but should apply appropriate techniques like filtering and targeted monitoring.”
Read the full Canadian HR Reporter article here.
Ryan Berger leads the firm’s Privacy Group and routinely advises public and private sector organizations on data protection, business confidentiality and privacy compliance, risk management strategies, breach response, access to information, and litigation. Ryan manages breach response teams for clients, including forensic investigation, crisis communications and notification.