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SCC Decision: October 9, 2008

RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54
Click here to link to the full judgment.
(Employment law / Breach of implied terms)
Virtually all of the investment advisors at an RBC branch office left without notice to start working at the branch office of a competitor, ML.  This move was orchestrated in part by the RBC branch manager, who also left.  RBC sued the employees and ML for compensatory, punitive and exemplary damages.  The trial judge found that the employees had breached implied terms of their contracts of employment requiring notice and prohibiting unfair competition.  The trial judge also found that the branch manager had breached his contractual duty.  The trial judge found ML liable for inducing the breach of contract.  The Court reinstated the trial judge's decision in part, finding that the employees did not owe damages due to unfair competition during the period of notice that they should have given.
Majority/Dissent: 6/1

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