HALIFAX, Feb. 17, 2014 /CNW/ - Irving Shipbuilding Inc. confirmed today
that it has filed a Motion to amend the Statement of Claim with the
Supreme Court of Nova Scotia to add Chantier Davie Canada Inc. (the
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.
Irving Shipbuilding believes this action by Newcombe and by the Davie
CEO is contrary to the sworn declaration of Newcombe and the
representation by legal counsel for Davie on September 16, 2013 denying
that Davie had received Irving Shipbuilding's confidential business or
proprietary information from Newcombe.
The terms of Newcombe's employment with Irving Shipbuilding included
that following the termination of his contract of employment - by
voluntary resignation or otherwise - he was not to use or disclose any
of Irving's confidential information.
Irving Shipbuilding 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
SOURCE: J.D. Irving, Limited
For further information:
Vice President Communications