restrictive covenant
January 23, 2012 Earl Altman Employee Relations, Human Resources
Hunter Harrison, the former Chief Executive Officer of Canadian National Railway (CNR), faces a dilemma in dealing with his obligations under a non-compete covenant to his former employer. Harrison is being pursued by CNR competitor Canadian Pacific Railway to assume the position of CEO, but taking that position might violate the non-compete agreement.
Canadian National Railway, Canadian Pacific Railway, CNR, competing with former employer, competitive activities of former employees, employment contract, H.L. Staebler, injunctions, Mason v. Chem-Trend, non-compete clause, non-competition, overly broad, proprietary interest, restrictive covenant, Shafron, termination, time and geographic limits
July 6, 2010 Earl Altman Employment/Labour Standards, Human Resources
In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…
common law, competitive activities of former employees, confidentiality, employee shareholder, employment contract, employment law, employment standards, irreparable harm, non-competition, non-solicitation, ontario, restrictive covenant, restrictive covenants, shareholder agreement, solicitating employer customers, termination
June 15, 2010 Earl Altman Employment/Labour Standards, Human Resources
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.
Dismissal, employment contract, Human Resources, non compete, non-competition, non-solicitation, ontario, resignation, restrictive covenant, termination
May 18, 2010 Earl Altman Employment/Labour Standards, Human Resources
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?
employee retention, employment contracts, employment policies, non compete, non-competition, non-solicitation, policy, policy manual, restrictive covenant, termination, turnover, workplace policies
November 5, 2009 Stuart Rudner Employment/Labour Standards, Human Resources
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.
Alberta, Alberta employment standards act, breach of confidential information, canadian employment law, civil action, competing with former employer, contempt, Dismissal, employment law, employment related dispute, HR issues, Human Resources, Labour Law, litigation, non compete, ontario employment standards act, resignation, restrictive covenant
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
