Confidential Information Lawyer

Legal rights and duties relating to the generation, use, and further disclosure of confidential information are embedded in the modern information economy. We will help guide you through the opportunities and difficulties this creates.


In Canadian law, any type of information may be confidential and legally protectable, provided that it is not generally known or accessible through publicly available sources. The concept of confidential information is used as a flexible catch-all category that includes everything from sensitive business information to research and development materials to contractual networks that create proprietary rights for one or more parties. This also means that the relationship between employers and employees, contractors, service providers, and a range of commercial issues all engage issues relating to confidentiality.


The courts tend to take a practical approach to whether the information in question is material enough to be treated as confidential. For example, someone could point to the utility or competitive advantage provided by that information’s secrecy or the expense, time, and effort involved in developing that information. Crucially, the law allows confidential information to be disclosed for a limited purpose and provides protection if one side violates the arrangement that led to that disclosure.


Where it cannot be avoided, we are experts in all forms of litigation relating to confidential information and legal issues such as unfair competition. This includes experience in the extraordinary remedies and court practices often engaged by disputes involving confidentiality or the misappropriation of informational assets, including injunctions, Anton Piller orders, and preservation orders. Suppose a potential breach of confidence has been detected. In that case, we recommend involving legal counsel at the earliest possible stage because the conduct of the initial investigation and legal response is crucial and often time-sensitive. 

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Aitken Legal is here to guide you through difficult or complex real-world issues to find a legal solution fitted to your needs.