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When misconduct follows dismissal: lessons from Ontario decision

Published: August 4, 2025

Category: Labour and Employment

A recent decision out of Ontario is a good reminder of the risks and consequences of employee misconduct after dismissal, particularly when it involves confidential information and defamatory actions.

The case, which resulted in an interlocutory injunction and an Anton Piller order — a civil search warrant — against a former employee, also serves as a cautionary tale about access controls within organizations.

It’s a reminder of the consequences for employees who are departing and want to take revenge or damage their ex-employer’s reputation online, says Tahir Khorasanee, a senior associate at Steinbergs in Toronto who represented CleanMark.

“That's not something that they could do, just because they feel that they've been wronged, and the court will protect the employer’s reputation and their confidential information and grant these broad, sweeping, civil search warrant and all of that, and also costs,” he says.

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