proprietary interest

The latest Ontario defeat for non-competition covenants

December 10, 2013 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

Readers of this blog have read of the difficulty encountered by employers in Ontario in drafting and enforcing non-competition covenants. The obstacles to enforcing such covenants were highlighted in a decision of the Superior Court released on April 5, 2013, the employer was faced with a concerted effort by three of its employees to open a competitive business within its market…

Business, canadian employment law, competition, competitive business, confidential information, employment contracts, employment law, non solicitation covenants, non-competition covenants, ontario, proprietary interest, restrictive covenants, solicitation of former clients, soliciting customers, termination of employment

Navigating the minefield: Court of Appeal reiterates distaste for restrictive covenants

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