Irving Shipbuilding Inc. has filed a Motion to amend the Statement of Claim with the Supreme Court of Nova Scotia to add Chantier Davie Canada Inc. (Davie shipyard) as a co-defendant in its legal action against former Irving Shipbuilding employee Jared Newcombe.
Irving Shipbuilding’s amended Statement of Claim states that Newcombe conveyed confidential business and proprietary information of Irving Shipbuilding to Davie and that Davie forwarded this material internally to other employees.
This is contrary to written communications from the CEO of Davie and a lawyer for Davie, as well as a sworn declaration of Jared Newcombe who left Irving Shipbuilding to work at Davie in April 2013 according to the amended action.
Davie had previously denied receiving Irving’s confidential or proprietary information. In correspondence to Irving Shipbuilding, dated August 15, 2013, Davie CEO denied any wrongdoing stating “we share your disapproval of employees who breach their obligations to their former employers, especially by passing such employer’s confidential information to their current employer”.
Irving Shipbuilding’s amended Statement of Claim further states that Newcombe gave some or all of the misappropriated Irving Shipbuilding business documents and information to other Davie employees and that, at the time of writing the August 15, 2013 letter to Irving Shipbuilding, the CEO had already received and forwarded the information to Davie’s Chief Financial Officer.
The company is arguing in the amended Statement of Claim that, as a result of Davie being a competitor, any possession or use of the misappropriated Irving Shipbuilding documents is unfair and unjust. Irving Shipbuilding is seeking the return of its information and damages.
jdirving, February 19, 2014