Duty of Confidentiality
The purpose of this clause is to allow for certain information to be protected by the employer. A clause which is overly ambitious will run the risk of an adverse…
The purpose of this clause is to allow for certain information to be protected by the employer. A clause which is overly ambitious will run the risk of an adverse…
Restrictive Covenant in Termination Agreement It is to be recalled that Ontario law now forbids this. An exception such as the "CEO" status will be required. In addition, all jurisdictions…
The issue which has arisen is whether the employer can terminate unlawfully and maintain the plea that the non-competition covenant must be enforced. The issue is similar to the question…
Damage Figure Agreed It is a clear that a court will not blindly validate a sum set by contract which purports to represent the losses to be suffered by the…
Economic Disincentive Certain agreements have not imposed a direct restrictive covenant, but rather have set out a pre-determined intended estimate of damages which the offending party must pay, in…
No NCA Where Non-Solicitation Will Fit the Bill The Ontario Court of Appeal noted in Lyons v Multari that, generally speaking, a court will not enforce a non-competition clause if…
The Test of Enforcement It is a legal presumption that all restrictive covenants are contrary to public policy and void prima facie unless they may be shown to be…
Ontario’s New Legislation Ontario amended its statute effective October 25, 2021. From that date forward employers are prohibited, with certain exceptions, from entering into a contract with an employee which…
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