Enforcing Confidentiality Agreements in Ontario, Canada: When Proving a Breach May Not be Enough

In Ontario, suing for breach of contract without proof of actual harm may put a plaintiff on the hook for the full amount of the defendant’s legal costs. Following the Supreme Court of Canada’s decision in 1704604 Ontario Ltd. v. Pointes Protection Association (“Pointes”), a prospective plaintiff in a claim arising from the breach of a non-disclosure or confidentiality agreement should stop and consider whether the claim has more than technical merit. If the subject of the breach engages any matter of public interest, the claim could come to a swift and costly end.

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