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16 Jun

Pharmacy manager not bound by non-competition agreement

Thursday, June 16, 2022James R.G. CookLitigationNon-Compete, Working for Workers Act, 2021

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In Ontario, the Working for Workers Act, 2021 provides that no employer shall enter into an employment contract or other agreement with an employee that...

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27 Jul

Court dismisses non-competition injunction against brothers who sold auto parts business

Tuesday, July 27, 2021James R.G. CookLitigationNon-Compete, Auto Parts

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In UAP Inc. v. Yako, 2021 ONSC 5065 (CanLII), the Ontario Superior Court of Justice dismissed the plaintiff’s request for an interim injunction enforcing a non-competition clause...

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28 Mar

Court dismisses non-competition injunction against former key employee

Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete

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When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...

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8 Jan

Freelance Consultants Not Bound by Non-Competition Agreement

Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law

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Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...

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30 Dec

Court Prohibits Competing Restaurant Business from Opening

Wednesday, December 30, 2020James R.G. CookLitigationNon-Compete, Restaurant, Interlocutory Injunction, Ottawa, Shareholders’ Agreement

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Many will be grateful to see 2020 in the rearview mirror, none more so than restaurant owners. With restaurants scrambling to re-focus on take-out service, perhaps the last thing...

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