Guanghu Cui was poring over his TD Bank statements in March, preparing to pay taxes for his small immigration consulting firm in Oakville, Ont., when he noticed a $1.50 fee for sending an e-transfer.
It was surprising, because when he'd opened his business account three years ago, his financial adviser told him the plan included five free transactions a month and he'd never exceeded that number.
The contracts, typically signed by two parties, were initially created to protect trade secrets or intellectual property but have evolved into a common tool to silence people who have been wronged: financially, professionally or, in the case of sexual assault victims, physically and mentally.
Can't Buy My Silence, a group that campaigns for legal changes related to misuse of nondisclosure agreements, estimates that 95 per cent of civil suit settlements in Canada now include one.
After Go Public contacted BMO about the case, a spokesperson called Mireau to let him know the bank had reconsidered, and had deposited the other half of his stolen money into his account.
Last year, the Canadian Bar Association swiftly passed a resolution, committing to discourage the use of these agreements to silence victims of abuse, harassment and discrimination in the workplace, schools and other organizations.
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