What can I do if someone breaks an NDA in Ontario?

A breach of a non-disclosure agreement (NDA) is a breach of contract, and the same remedies available for other contract breaches apply. In Ontario, you can seek damages for losses caused by the disclosure, and — critically — you can also seek an injunction to stop ongoing or threatened further disclosure.

Because NDAs protect information that, once disclosed, cannot be "un-disclosed," courts are generally willing to consider injunctions in NDA breach situations if you move quickly. The longer you wait after learning of a breach, the harder it becomes to obtain emergency injunctive relief, since courts look for urgency.

To pursue a claim, you need to establish that a valid NDA existed, that the information in question was genuinely confidential and covered by the agreement, that the defendant disclosed or used it in breach, and that you suffered harm or face a real risk of harm.

Quantifying damages for NDA breaches can be challenging, especially for non-monetary confidential information like business strategies or customer lists. Courts can consider lost profits, reasonable royalties, or in some cases disgorgement of the defendant's gains.

If you suspect an NDA breach, act quickly: preserve evidence, document how you learned of the breach, and consult a litigation lawyer immediately about whether emergency relief is appropriate.