Latest Blog Posts
Minority Shareholder/Employee Not Bound by Non-Compete Tied to Sale of His Share of the Business
April 14, 2025
Topics: Blog, Consideration, Injunctions, Non-Compete Enforceability, Non-Solicit Enforceability, Restrictive Covenants, Sale of a Business
Case comment: ARC Surveys Ltd v Ni, 2024 ABKB 629 The approach of the courts to restrictive covenants attached to the sale of a business, as opposed to those arising solely from employment, is well known. In the case of the former, enforcement is much more likely, with the courts…
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Alberta Court Finds Irreparable Harm in Trade Secret Case – Did it also Apply Doctrine of Inevitable Disclosure?
May 28, 2024
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Injunctions, Trade Secrets
SHAC Solutions Inc. v. Guenther, 2024 ABKB 145 Employers seeking interlocutory injunctions to prevent competition or solicitation by former employees often fail to meet the irreparable harm branch of the test for relief, with courts finding that damages can be readily quantified. In a recent decision, however, the Alberta Court…
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Remedial Flexibility Rescues Claim for Breach of Confidence
November 21, 2023
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Damages, Disgorgement of Profits
Skycope Technologies Inc. v. Jia, 2023 BCSC 1288 The law provides for a broad range of remedies to address breach of confidence. In a recent decision where the plaintiff had not established any financial loss, the B.C. Supreme Court opted for disgorgement of a large sale by the defendants as…
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Privacy Rights, Damage Assessments and the Importance of Pleadings
May 30, 2023
Topics: Blog, Breach of Fiduciary Duty, Confidential Documents, Damages, Disgorgement of Profits, Non-Compete Enforceability, Non-Solicit Enforceability, Restrictive Covenants, Sale of a Business
Several recent decisions are of interest to those advising on, and litigating, employee competition cases. First, the Alberta privacy commissioner finds that employers, in some circumstances, may disclose their former employees’ restrictive covenants to third parties. Two Alberta Courts provide analysis on assessing damages in successful actions for unlawful competition.…
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