There is no general offence called misappropriation, and confidential information is not property that can be stolen under the Criminal Code (R v Stewart, [1988] 1 SCR 963), although since July 1, 2020, s. 391 of the Criminal Code makes it an offence to obtain or communicate a trade secret by deceit, falsehood or other fraudulent means. The main civil remedy is breach of confidence (Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574), along with claims in contract and for breach of fiduciary duty.
Protecting confidential information depends largely on your own contracts and practices, such as confidentiality agreements and limited access.
If information is not marked and handled as confidential, it may be hard to prove it had the quality of confidence needed for a claim.
For the full explanation, see our entry on Trade secrets.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.