Latest Blog Posts

Injunction on Faithless, Family Fiduciaries
Lifted After One Year

October 19, 2022 Topics: Blog, Injunctions
Forward Signs Inc. v. Philcan Group Inc., 2022 ONSC 5593 The Ontario Superior Court lifts an interim injunction on two departed fiduciaries, finding that one year was more than adequate to protect the plaintiffs from the springboard effect of the employees’ rather egregious pre-departure conduct. The absence of evidence of…
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Are Client Lists Produced from Memory or Personal Records Confidential? An Alberta Court Offers a More Nuanced Analysis

April 18, 2022 Topics: Blog, Confidential Documents
GG & HH Inc v 2306084 Alberta Ltd, 2022 ABQB 58 The Alberta Court of Queen’s Bench declines to extend an injunction prohibiting departed pharmacists from contacting the applicant’s patients. While accepting as plausible the pharmacists’ explanation that they relied solely on memory, personal records and community networks to contact…
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Court Applies Lesser Scrutiny to Non-Solicit, Finding Investment Advisor’s Sale of Good Will in Clients Part of Sale of a Business

Mandeville Holdings Inc. v. Santucci, 2021 ONSC 4321 An investment advisor’s negotiated sale of the good will in his book of business to a firm causes the Ontario Superior Court to construe his non-solicitation covenant as part of the sale of a business, not within an employment context. The court issues…
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Post-Resignation Restrictive Covenant Upheld as a Commercial, not Employment Agreement

WJ Packaging Solutions Corp. v Park, 2021 BCSC 316 The BC Supreme Court holds that a five-year agreement prohibiting competition by a departed employee is enforceable, with less scrutiny applied as being a commercial agreement. The decision raises interesting considerations for employers contemplating negotiating non-compete or non-solicit covenants with former employees…
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