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Slaw: Saskatchewan employer successful in enforcing non-compete clause

Written with Christina Catenacci LL.B.

The Queen’s Bench for Saskatchewan just granted an injunction restraining a former employee from competing against his former employer, soliciting the employer’s clients, and using any of the employer’s confidential information he garnered while working with the employer.

Facts of the case

Rob Lozinski was an eight-year sales employee and senior advertising consultant with the sole responsibility of drawing in advertising for the employer, Rawlco Radio Ltd. The employment relationship was evidenced in a written employment contract which included various restrictive covenants such as a non-competition, non-solicitation, and confidentiality clauses. Particular to this case, the non-compete clause stated that the employee would not compete with the employer in the City of Saskatoon or within a 100‑kilometre radius of Saskatoon for a period of six months.

In October 2009, Lozinski resigned his position with the company to pursue a management career with North Ridge Developments, a home building company. However, and as evidenced later in court, he found that his expertise was in the radio industry and not in the housing market. In September 2012, Lozinski found a position as general sales manager for Harvard Broadcasting Inc.

Harvard’s only Saskatoon station is Wired 96.3 FM, which is in direct competition with Rawlco’s radio stations, which include C95 FM and NewsTalk 650 CKOM, as well as Rock 102 FM.

Read more on Slaw.

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Yosie Saint-Cyr

Managing Editor at First Reference Inc.
Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 15 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more
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