Overview
Irving Marks represented EM Plastic & Electric Product Ltd (EM Plastic) in a claim against departing senior employees who left the company to set up a competing business. At trial, the departing employees were held liable for damages on the basis that they had breached fiduciary duties owed to their employer by establishing a competing business while still employed by EM Plastic and by soliciting EM Plastic's customers for their new business.
- EM Plastic and Electric Product Ltd. v. Hobza (Ont. C.A.), [1993] O.J. No. 3080
Lawyers
Representative Work
-
| Litigation and Dispute Resolution
Defeated Injunction to Tie Up Client Assets and Received Elevated Costs Award
MFC v Mady Collier, 2016 ONSC 4182 (CanLII) – Clients were awarded their costs on a substantial indemnity scale when they defeated a Mareva injunction which tried to tie up their assets... -
| Litigation and Dispute Resolution
Certified a Class Action
Rebuck v. Ford Motor Company, 2018 ONSC 7405 (CanLII) – Obtained a judgment certifying a proposed class action against Ford Motor Company and Ford Motor company of Canada on behalf of i... -
| Litigation and Dispute Resolution
Overturned Lower Court Decision at Ontario Court of Appeal
Birchcliffe Core-Harbour Inc. v. Pinnock, 2019 ONCA 417 – Succeeded at the Ontario Court of Appeal in obtaining damages for breach of contract when a purchase of land could not be completed,...