Latest Blog Posts
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.…
Read More
Vendor of Trucking Company Ordered to Live Up to Five Year Non-Compete
February 14, 2023
Topics: Non-Compete Enforceability, Restrictive Covenants, Sale of a Business
The B.C. Supreme Court has granted an interlocutory injunction restraining the vendor of a trucking company, Sonic Transport Ltd., from competing for a period of five years past the ending of his employment with the purchaser. Diamond Delivery bought Sonic from Leslie and Pam Calder in 2015. Leslie continued to…
Read More
Investment Advisor’s Notification to Clients of “Options” Amounts to Solicitation
February 6, 2023
Topics: Injunctions, Investment Advisors, Non-Solicit Enforceability, Restrictive Covenants
During the running of a one-month notice of resignation given to her employer, an investment advisor wrote to the firm’s clients advising of her departure to establish a new business and of their investment options: staying at the firm, move to her new business or going elsewhere. In responding to…
Read More
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…
Read More