Human Resources Director Canada published an online article by Ronald Minken and Tanya Sambi, May 13, 2026:
“When employees create competing work”
Written by Ronald S. Minken and Tanya Sambi
A recent decision from the Ontario Court of Appeal is a reminder that when employees create intellectual property, employer ownership isn’t automatic
In Nexus Solutions Inc. v. Krougly, 2025 ONCA 199, the Ontario Court of Appeal confirmed that software developed by an employee outside work hours, not requested by the employer, that directly competed with the employer’s business and with no written agreement, belonged to the employee, not the company.