Topic Protecting Proprietary Technology and Confidential Information, and Enforcing Restrictive Covenants in Asia and the Americas
Tag: Restrictive Covenants
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Employment Law
While Canada and the United States are alike in many respects, there are a few key differences in employment law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.
Appellate Court Finds Non-Compete Clause Unreasonable and Overly Broad
In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause
The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…
Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory
The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.
Canadian Bar Association Alberta – Alberta Law Conference 2011
Topic The Day After Tomorrow: the Future of Employment Law This panel presents both management and employee perspectives on recent developments in human rights and employment law. Topics include a discussion of the damages now available in wrongful dismissal actions and how courts deal with non-competition clauses.
Insight 5th Edition Workplace Discipline Termination
Topic Anton Piller Orders and Restrictive Covenants Employment in the Digital Age – Role of Social Media and Technology in Discipline and Termination Agenda
12th Annual Canadian Association of Counsel to Employers
Topic Restrictive Covenants, Post-Employment Obligations, and Change of Control Provisions Under Long-Term Incentive Plans: Enforceability and Drafting Implications Agenda
ELA Fourth Transatlantic Conference
Topic Running A Cross Border Restrictive Covenant Case
Court of Appeal for Ontario Considers Enforceability of Restrictive Covenants
The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…