Colin Millard

Colin Millard

Senior Application Support Analyst at West Fraser Inc

Location:
858 Beatty Street Suite 501, Vancouver, British Columbia, Canada
HQ Phone:
(604) 895-2700

General Information

Experience

Software Developer - Applied Informatics for Health Society Senior Software Developer

Software Developer - Graham Construction Company

Senior Software Developer - Provincial Health Services Authority

Senior Developer - Courthouse Technologies Ltd

Affiliated Computer Services , Inc.

Developer - EDS Corporation

Recent News  

2005 BCCA 605 ACS Public Sector Solutions Inc. v. Courthouse Technologies Ltd.

Courthouse Technologies Ltd., Colin Millard,

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2005 BCSC 909 ACS Public Sector Solutions Inc. et al v. Courthouse Technologies Ltd. et al

COLIN MILLARD, THOMAS GRAVELLE, PAUL ARNTSEN,
The three individual defendants Scott Kerr, Thomas Gravelle and Colin Millard were employees of ACS or its predecessor companies. Millard and Gravelle left ACS in February of 2005. [9]Gravelle and Millard were employed as software engineers by ACS until February of 2005. Millard, who had been employed by ACS since 2000, also programmed ìsource codeî. Both Gravelle and Millard signed a confidentiality agreement. They say that Millard forwarded information about Power Builder, the development program required to access ACSís jury software, to Kerr prior to Millardís departure from ACS. They also say that Millard was caught trying to remove computer discs from the plaintiffsí premises. [13]In support of this, they say that one of their employees, Sheila Gill, was approached by Millard who told her that Kerr had offered him a job. [14]The plaintiffs also point to the fact that CTLís website says the company has over 40 years of combined experience and they say that if this is true it would have to involve more than Kerr, Millard and Gravelle, necessitating the involvement of Arntsen. [19]At the heart of the plaintiffsí allegations is the claim that Millard was caught trying to remove discs from the plaintiffsí premises. According to the affidavit of Steven Andrews, the Manager of the Vancouver area office of ACS, during a conversation with another employee he learned that Millard was about to join a competing company. This incident occurred after Millard had given notice, but before his two weeksí notice period was concluded. Millard deposes that he believed these discs contained personal information. He says he had no intention to remove any source code material and he does not believe that he did. [22]His affidavit evidence is that there were a further nine discs, not in his knapsack, but in a drawer in his desk. He agrees that these discs contain source code information. However, he said that these discs were made some two years ago at the request of Andrews to be kept as backup at a time the office was ìmigratingî the information from one system to another. In support of this, he points to emails from January of 2004, which are in evidence, in which he reported to Byers that he has archived a great deal of such information on nine CD discs. Further, he swears he had no intention to take the discs which he left in the drawer. [23]Without deciding on this issue, it appears to me that the evidence tends to show that the material reviewed by Byers after Millard had left was material that he put onto a disc long before he contemplated leaving ACS. What is not in dispute is the fact that Millard did not take that information with him. [24]Although it may not be necessary to show that Arntsen, Millard and Gravelle owed a fiduciary duty to ACS, I am also of the view that on the material before me that has not been established.

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