JUDGMENT

(Breach Of Confidence)

Kenneth St James JC:

Preliminaries

[1] This trial took five evidence-gathering days. Those dates were 30 September 2020, 12 October 2020, 1 November 2022, 2 November 2022, and 14 November 2022. I started hearing this matter as a part-heard trial, from 1 November 2022 (from day three).

Prelusion

[2] This case is about a company's former employees allegedly using the company's confidential information (information that is exclusive to the company) for the employees' own benefit and the benefit of the company which they set up to do a similar business in the same industry.

Plaintiff's Causes Of Action

[3] The plaintiff's causes of action are for breach of confidence and conspiracy to injure.

Parties And Positions

[4] The plaintiff (OTL) provides cross-border transportation and warehousing services. OTL's business spans across nine countries in Southeast Asia and China. By 2018 (the material time), OTL had been in this business for 29 years.

[5] The first defendant (D1) was OTL's marketing manager. He identified new customers in Southeast Asia for cross-border trucking services.

[6] The second defendant (D2) was OTL's general manager. He managed OTL's business. He