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Quebec Superior Court

By Adam Gorley | 2 Minutes Read October 21, 2013

Five-year commercial restrictive covenant upheld

Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.

Article by Adam Gorley / Business, Finance and Accounting / asset purchase agreement, Civil Code of Quebec, compete with former employer, competitive activities, contract, employer-employee relationship, employment agreement, employment contracts, Guay v. Payette, hybrid clause, non-competition, non-solicitation, Quebec, Quebec Superior Court, restrictive covenant, sale contract, sale of business, Supreme Court of Canada, termination without cause, territorial limit, territorial limitation, transfer of business

By Andrew Taillon | 3 Minutes Read May 18, 2011

Moral damages: still an unsettled question

A recent case out of the Quebec Superior Court Lysecky v. United Parcel Service of Canada Limited 2010 QCCS 5098 is indicative how the question of "moral damages" is still unsettled law.

Article by Andrew Taillon / Employment Standards / bad faith during the termination, Civil law, common law, employment law, extension of the notice period, Fox v. Silver Sage Housing Corporation, Honda v. Keays, Lysecky v. United Parcel Service of Canada Limited, manner of dismissal, mental distress, moral damages, notice period, Quebec, Quebec Superior Court, Supreme Court of Canada, terminations, Wallace damages, Wallace v. United Grain Growers, wrongful dismissal

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