January 25, 2018 by Andy Pushalik in Restrictive Covenants
  • Comments Off on Court Strikes Down Non-Compete Which Would Have Prevented Employee from Starting a Band in Mexico and Playing at a Staff Retreat in Cancun

Court Strikes Down Non-Compete Which Would Have Prevented Employee from Starting a Band in Mexico and Playing at a Staff Retreat in Cancun

A recent case from the Ontario Superior Court of Justice may cause some employers to reconsider the scope and application of their non-competition covenants. In Ceridian Dayforce Corporation v. Daniel Wright, 2017 ONSC 6763, the Plaintiff employer brought a summary judgment motion for a declaration that the non-compete clause

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September 08, 2016 by Chelsea Rasmussen in English, Ontario, Restrictive Covenants
  • Comments Off on A Rose by Any Other Name is Not as Sweet: When a Non-Solicit is Actually a Non-Compete

A Rose by Any Other Name is Not as Sweet: When a Non-Solicit is Actually a Non-Compete

The Ontario Court of Appeal has held that the words “accept business”, in what the employer intended to be a non-solicitation clause, served to restrict competition and is therefore not merely a non-solicitation clause.

In this case, the personal defendant, Mary Murphy, was employed by the plaintiff Donaldson Travel Inc. (“DTI”)

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October 08, 2013 by Cristina Wendel in Restrictive Covenants
  • Comments Off on Latest from the Supreme Court of Canada on restrictive covenants in the commercial context

Latest from the Supreme Court of Canada on restrictive covenants in the commercial context

On September 12, 2013, the Supreme Court of Canada issued its decision in Payette v. Guay Inc. Although this decision […]

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April 19, 2012 by Catherine Coulter in Francais, National, Restrictive Covenants
  • Comments Off on Méfiez-vous des clauses restrictives ambiguës!

Méfiez-vous des clauses restrictives ambiguës!

La Cour d’appel de l’Ontario a récemment rendu sa décision dans l’affaire Veolia ES Industrial Services Inc. v. Brulé et […]

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April 19, 2012 by Catherine Coulter in English, National, Ontario, Restrictive Covenants
  • Comments Off on Beware the ambiguous restrictive covenant!

Beware the ambiguous restrictive covenant!

In the case of Veolia ES Industrial Services Inc. v. Brule, the Ontario Court of Appeal recently confirmed that the severance […]

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March 30, 2012 by April Kosten in Alberta, English, Restrictive Covenants, Wrongful Dismissal
  • Comments Off on Oilfield Employee Free to Compete with Former Employer

Oilfield Employee Free to Compete with Former Employer

The recent Alberta decision of ADM Measurements Ltd. v. Bullet Electric Ltd. provides a useful summary of post-employment obligations and […]

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