Case information
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37374
H.R.C. Tool & Die Mfg. Ltd. v. Medhrdad Naderi, et al.
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-04-20 | Close file on Leave | |
| 2017-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-07 | Judgment on leave sent to the parties | |
| 2017-04-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0209-AC, 2016 ABCA 334, dated November 1, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-02-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Electronic version filed on 2017-01-30) | Medhrdad Naderi |
| 2017-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2017-01-30) | Medhrdad Naderi |
| 2017-01-30 | Notice of name, (Letter Form), (Electronic version filed on 2017-01-30) | Medhrdad Naderi |
| 2017-01-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-01-31, (Electronic version filed on 2017-01-30) | Medhrdad Naderi |
| 2017-01-04 | Correspondence received from, (Letter Form), Karen Collins (by email). D. Lynne Watt is the Agent for the respondents. | Medhrdad Naderi |
| 2017-01-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017-01-03 | |
| 2016-12-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-30) | H.R.C. Tool & Die Mfg. Ltd. |
| 2016-12-30 | Application for leave to appeal, (Book Form), Completed on: 2016-12-30, (Electronic version filed on 2016-12-30) | H.R.C. Tool & Die Mfg. Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| H.R.C. Tool & Die Mfg. Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Naderi, Medhrdad | Respondent | Active |
| Onkar Bahra and Prowest Machine Ltd. | Respondent | Active |
Counsel
Party: H.R.C. Tool & Die Mfg. Ltd.
Counsel
2200 Oxford Tower
10235 - 101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 969-3500
FAX: (780) 969-3549
Email: wpavlic@mlt.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Naderi, Medhrdad
Counsel
600, 12220 Stony Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: kfitz@mross.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Onkar Bahra and Prowest Machine Ltd.
Counsel
600, 12220 Stony Plain Road
Edmonton, Alberta
T5N 3Y4
Telephone: (780) 482-9200
FAX: (780) 482-9100
Email: kfitz@mross.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Fiduciary duty – Post-employment fiduciary duties – Scope – What is scope of post-employment fiduciary duties owed by respondents? – What factors should be considered when determining period of post-employment fiduciary obligations?
The respondents Medhrdad Naderi and Onkar Bahra are former employees of H.R.C. Tool & Die Mfg. Ltd. (“H.R.C.”), applicant. In the summer of 2008, they resigned, and in the fall of that same year, they started their own business, the respondent Prowest Machine Ltd, which services many of the same clients as H.R.C. H.R.C. sued the former employees for breach of fiduciary duties. It claimed they misused confidential information and solicited its clients. The former employees filed a counterclaim alleging that H.R.C. owed them back pay for bonuses. The trial judge dismissed the claim and counterclaim. The Court of Appeal agreed with H.R.C. that the former employees were fiduciaries. However, the appeal was dismissed on the basis that there was insufficient evidence to establish any breach of fiduciary duty.
Lower court rulings
Court of Queen’s Bench of Alberta
0803 17309, 2015 ABQB 437
Claim and counterclaim dismissed
Court of Appeal of Alberta (Edmonton)
1503-0209-AC, 2016 ABCA 334
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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