On October 9, 2008, the SCC overturned the decision of the BC Court of Appeal, and reinstated the trial decision in its most significant aspect.
This decision deals with the duties owed by employees to their employer when in the process of leaving to join a competing business. The Supreme Court of Canada held that even non-fiduciary senior management employees had significant duties to avoid orchestrating a wrongful mass departure to a competitor, and that in the event of breach, substantial damages might be required.
The reasons are at RBC v. Merrill Lynch