SCC: Restrictive covenant rules differ depending on whether tied to sale of business or employment contract
In Payette v. Guay inc., 2013 SCC 45, the Supreme Court of Canada confirmed that the rules applicable to restrictive covenants differ depending on whether the covenants are tied to a sale of a business or to an employment contract. For more information on this case, see my previous entry here: "SCC to hear Quebec case on impact of sale of business, wrongful dismissal on enforceability of non-compete".
Advertisement in trade magazine, launching of website establish prima facie breach of non-solicit agreement
In Hub International (Richmond Auto Mall) Ltd. v. Mendham, 2011 BCSC 1780, the BC Supreme Court found that a former employee's advertisement for his new marine insurance company in a trade magazine and the launching of his new company's website established a prima facie breach of the non-solicit agreement he had entered into with his former employer, Hub International.
Specifically, the court stated: read more »