Misappropriation

Misappropriation means taking or using someone else's money, property or confidential information for an unauthorized purpose. In business, it commonly refers to misuse of trade secrets or confidential information, or to a fiduciary such as a director or employee diverting company funds or opportunities.

How BC law treats it

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.

What it means for your business

Protecting confidential information depends largely on your own contracts and practices, such as confidentiality agreements and limited access.

Risks and common mistakes

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.