Question
JuniorCorp, a small mining company, carried out an extensive exploration program on the X property, which showed that X property could be valuable. JuniorCorp needed
JuniorCorp, a small mining company, carried out an extensive exploration program on the X property, which showed that X property could be valuable. JuniorCorp needed a partner with money to buy the X property. JuniorCorp showed BigCorp its confidential geological findings about X property. During negotiations between JuniorCorp and BigCorp, the issue of confidentiality was never raised by JuniorCorp, nor was there ever any agreement between JuniorCorp and BigCorp. about keeping the information secret, nor did JuniorCorp express any limit on what BigCorp could later do with the information. Negotiations between JuniorCorp and BigCorp broke off. Later, BigCorp bought the X property on its own. X property turned out to be very profitable. It is now worth $500 million.
we will argue that JuniorCorp chose not to enter into a contract to protect its confidential information, which it could have had it considered the information important. It was a business relationship and there was no unfairness in the bargaining process. Besides, JuniorCorp suffered no loss because it never could have purchased X property on its own.
use only ontario law
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