Competing with former employers
Tuesday, June 15th, 2010
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.
Read the rest of this post »Posts Tagged ‘non compete’
How to craft an enforceable non-solicitation clause
Wednesday, November 23rd, 2011
Generally speaking, a restrictive covenant acts to restrict the activities of a former employee after their employment has ended. They usually come in one of two forms: non-competition clauses and non-solicitation clauses. The law on restrictive covenants is that they are prima facie unenforceable as they are in restraint of trade and therefore against public policy. In order to be enforced, they must be proven by the party that seeks to enforce them to be a reasonable limit on trade.
Read the rest of this post »Employee exodus: has Moses led your employees to the promised land?
Tuesday, May 18th, 2010
You arrive at the office Monday morning to discover that your Senior Vice-President of Marketing and three of your sales people have resigned and accepted jobs with your competitor. You quickly realize that this has the potential of seriously harming, if not destroying, the company’s business. Do you have any recourse against the departing employees or the company to which they have moved?
Read the rest of this post »Jail for lying in a civil action?
Thursday, November 5th, 2009
Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.
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I agree with the court decision. Granting a full 52 weeks leave for an adoptive...
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