Topic: Injunctions

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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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…
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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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The Re-Emergence of Blue-Pencil Severance of (some) Restrictive Covenants

December 30, 2020 Topics: Blog, Blue Penciling, Injunctions, Non-Compete Enforceability, Restrictive Covenants, Sale of a Business
City Wide Towing and Recovery Service Ltd v Poole, 2020 ABCA 305 The Alberta Court of Appeal holds that blue-pencil severance may be used to alter restrictive covenants that restrain employee competition, provided the covenant was part of the sale of a business. The practice of “blue-pencil” severance in employment…
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Failure to Meet Irreparable Harm Test Sinks Both a Non-Solicit and Non-Compete Clause

September 8, 2012 Topics: Blog, Injunctions, Insurance Brokers, Non-Solicit Enforceability, Restrictive Covenants
As predicted earlier in this space, the British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng, 2012 BCCA 295, is making it very difficult to enforce a non-solicit agreement in B.C. on an interim basis pending trial. In Hub International v. Redcliffe, 2012 BCSC 1280, one of the first decisions to apply Edward Jones,…
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BC Court of Appeal Raises Bar on Injunctions to Enforce Non-Solicit Clauses

August 17, 2012 Topics: Blog, Injunctions, Investment Advisors, Non-Solicit Enforceability, Restrictive Covenants
The British Columbia Court of Appeal has raised the bar considerably for employers hoping to obtain an injunction to enforce a non-solicit clause pending trial. In Edward Jones v. Voldeng, 2012 BCCA 295, released July 3, 2012, the court held that Edward Jones, a securities firm that sought to enforce a six-month…
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