Clayburn Industries, Ltd. and Clayburn Refractories, Ltd. v. Recor Services, Inc.
The INTERNET is a wonderful place to find information. Unfortunately, not all of it's accurate, and the presentation of controversial issues is often one-sided. I, Jerry Nothman, created this Website to clear up misrepresentations that were posted on the Internet, regarding a lawsuit that was brought against Recor Services, Inc., a company I founded in 1985. This ridiculous lawsuit was brought against Recor for no other reason than to try to force me to sell my company on the cheap, and it turned into a veritable nightmare that just won't leave me in peace.
If you were to read only Justice G. D. Burnyeat's decision, you'd get a perspective
that's unfairly skewed in favor of Clayburn Industries. I will present the balance
of the story, which shows that Burnyeat's judgment against Recor did not take all of
the facts into consideration, and that it was unjustified.
What Happened in a Nutshell
Clayburn Industries, Ltd. of Canada filed suit against their former Recor employees Craig Schoen and Paul Piper, who were now working for Recor, accusing them of breaching their obligations to Clayburn in the manner in which they terminated their employment. Clayburn also accused them of breaching fiduciary duties owed, duties of loyalty and good faith owed, and duties set out in their Confidentiality Agreements.
Clayburn also filed suit against my company, Recor, holding it vicariously liable for (alleged) damages that Clayburn suffered as a result of Schoen's and Piper's (alleged) breaches. We were first advised of these accusations in January, 1994. But this was not the first time we had heard from Clayburn. Clayburn had initiated contact with Recor as far back as 1992, first to request Recor's expertise in helping Clayburn understand corrosion-resistant tile technology, and then to pursue purchasing Recor in order to obtain our refractory expertise.
Click on the Timeline to see how the events unfolded, and on My Analysis to understand why Justice Burnyeat's ruling was unfair and misguided.