REQUIREMENTS

The elements of breach of confidence are:

  1. The information conveyed was confidential;

  2. The information was communicated in confidence; and

  3. The information was misused by the party to whom it was communicated.

Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574, at para. 129.

NOTE:  Breach of confidence is sometimes referred to as an equitable tort, but it is not solely a tort, an equitable remedy or a property right. As stated in Lac Minerals Ltd., at para. 73:   "The foundation of action for breach of confidence does not rest solely on one of the traditional jurisdictional bases for action of contract, equity or property. The action is sui generis relying on all three to enforce the policy of the law that confidences be respected."  This has interesting implications for remedies.  

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