Law360 Canada ( December 8, 2023, 6:58 AM EST) -- Motion by Ecolab Co. (Ecolab) for an order requiring Rae to return documents. Rae was a Certified Public Accountant and a former Canada Controller of Ecolab. Rae’s employment was terminated without just cause. Rae commenced an action for wrongful dismissal and served his Affidavit of Documents that contained some of Ecolab’s records, which he obtained during his employment. Rae admitted that he took the documents without Ecolab’s knowledge because he intended to use them for the litigation. Ecolab had scheduled a summary judgment motion to summarily dismiss Rae’s action based on an after-acquired cause because Rae took the records. Rae intended to file the documents as part of his responding motion materials. Ecolab submitted that the documents were unlawfully taken pursuant to a significant breach of fiduciary duty and breach of confidence. They were not relevant to the matters at issue as some documents contained Ecolab’s highly confidential financial information and at least one of the documents was clearly privileged. Rae, however, argued that the documents were relevant to his claim. Rae submitted there was no breach of confidence because he had not misused the information and the disputed documents should not be considered confidential given Ecolab’s failure to comply with its own Code of Conduct....