Date: 2008-04-08 Docket: C-1292-06 P.B. Hambly J. | Link

[7] On May 18, 2005 Vosburg had installed on Jean's computer at Factor a program called Spector Pro 5.0. It recorded a photograph of Jean's desktop every 59 seconds. It kept these images for 90 days. [8] In the Last 90 Days That Jean Worked for Factor he was saving files to the C drive of his computer rather than to a drive dedicated for Factor employees. He was also saving files to a USB Flash Drive which was a small portable computer storage device which could be removed and taken to another computer. There was evidence that he had deleted files saved to his C drive. There was evidence that he used his personal e-mail account with Microsoft to send e-mails from Factor's computers. Vosburg concluded that Jean, while he was at Factor, stole confidential information of Factor by transferring files from Factor's computers to his home computer. He also concluded that Jean planned to use this information in setting up a competing business through Bigler and Bigler's employees and associates. [16] Gowlings, representing Factor, took steps to preserve e-mails that Jean sent from his personal e-mail account. Brian Hughson, a lawyer with Gowlings, sent Microsoft the following letter dated November 17, 2006 to the attention of Jonathan Bradley: (preserving Hotmail account). Set aside in Factor Gas Liquids Inc. v. Jean, 2008 CanLII 15900 (ON S.C.)