Recent Cases

Cembrit Blunn v Apotex Roofing Services

The claimants manufactured a particular type of roof tiles.  The defendant, a customer of the claimants’, complained about a problem with the tiles curling at the edge.  The defendant obtained and subsequently disclosed an internal letter of the claimants’ in which the alleged defect was discussed and the possibility of settling the defendant’s complaint was suggested.  The claimant sued the defendant for breach of confidence and infringement of copyright in the letter.  The defendant argued that the disclosure was justified to correct false information and to avoid exacerbating the litigation.  Kitchin J held that the letter was confidential and that the defendant’s disclosure had in fact been a tactical exercise.  Thus the claimant succeeded on its claim for breach of confidence.