On the concern of irreparable hurt, Choose Dow dominated there is “merit” in the submission that Jin experienced entry “not only to the documents opened for clientele she recruited [to Chagpar], but all data files of the plaintiff, given the evidence about the group technique taken at Chagpar & Associates, this means all employees and attorneys do the job on all files.”
Although the loss of possible charges from files transferred from a single organization to an additional can be calculated, Dow wrote, the reduction of possible documents via referrals from Chagpar & Associates current clientele, contented with the get the job done carried out and the consequence reached, is “considerably much more difficult” to confirm.
“The referral of a new consumer by a content present or former shopper continues to be a time-analyzed technique of attracting purchasers and cannot be easily traced or quantified,” he wrote. “In gentle of the mother nature of the injunctive reduction sought, I am content the plaintiff has achieved this portion of the exam.”
Pending the resolve of this litigation and topic to additional order of the court, Dow ruled that Jin shall:
- Not directly or indirectly solicit or get hold of the plaintiff’s clientele
- Not disclose any confidential facts of the plaintiff to any man or woman, business, company, partnership or other entity and
- Direct any existing customers of the plaintiff that call her of her incapability to converse to them about their case offered this get, direct them to get hold of the plaintiff’s business and straight away ahead the specifics of the get in touch with created to the plaintiff’s business.
Laurie Tucker, a individual damage attorney Burn Tucker Lachaîne in Ottawa and President of the Ontario Trial Attorneys Association, claims the situation dealt with in the selection is a ”complicated” 1 that many law companies face, along with other professionals, these as accountants.