Business case
A Canadian property and casualty insurance brokerage and risk management firm, filed in 2024 a statement of claim against a major competitor for unfair competition following the resignations of three key employees and more than 20 other employees. As a result of these departures, several clients have also ceased doing business with the claimant, some of whom have become clients of this major competitor. The alleged unfair competition results partly from breaches of loyalty, confidentiality and non-solicitation obligations relating to the Claimant’ employees and clients.
Damages were quantified effectively by combining a contractual approach with an economic one: first, by applying any agreed penalty mechanisms in the relevant contracts, and second, by using a but-for analysis to compare the company’s actual financial performance with the position it would likely have achieved absent the alleged misconduct.
Accuracy was retained by the claimant’ solicitors, as independent quantum expert, to quantify the financial losses suffered as a result of the allegedly illegal and unfair acts, which led to the departure of employees and clients. Our expert report was filed with the Quebec Superior Court.