Condelle Systems and Marcodious Ltd. were competitors in the security systems industry. For a number of years, Condelle had a substantial contract with Correctional Services of Canada for technical support and maintenance of security systems in federal prisons. On a call for tenders on renewal of the contract, Correctional Services required all tendering parties to submit a list of senior technicians and their qualifications.
Marcodious did not have any employees of this nature, so Belding, one of Marcodious’s two directors approached a number of Condelle’s employees. He was able to convince them to allow their names to be put on Marcodious’ tender and to agree to come to work for Marcodious if it was successful in getting the contract with Correctional Services.
As it turned out, Marcodious was successful even though its tender contained the same names as Condelle’s tender.
Does Condelle have a cause of action? On what basis? Against whom? What is the likely outcome?