Date: 2011-03-11 Docket: S093691. Armstrong J. | Link

An offshore supplier of animal supplies sues the Canadian-based website provider responsible for the internet-based marketing and sales for failure to account for profits and continuing to use the plaintiff's customer list after termination of the profit-sharing agreement. Plaintiff seeks unaltered copy in machine readable format of the customer databases on the two websites involved. Defendant claims that private customer information including customer name, address and credit card information must be redacted, especially since plaintiff is outside of Canada and may not abide by the implied undertaking. Plaintiff claims these lists are their property. See paras 14-24. Court orders two directors of the plaintiff company to sign confidentiality agreements protecting the private information and orders release of the databases once the confidentiality agreements are signed.