Skip to Content

Restrictive Covenants

The Top 10 Canadian court cases on wrongful dismissal and employment law

For an upcoming audio conference, Lancaster House has listed what it believes are the Top 10 Canadian cases (actually 13) on wrongful dismissal and employment law. In no particular order, it appears, the cases and the issues they address are:  read more »

"The Law of Trade Secrets in Quebec and Canada: A Pragmatic Approach"

Jurisdiction: - Quebec

Quebec lawyers Julie Desrosiers & Marc-André Nadon have written a paper entitled, "The Law of Trade Secrets in Quebec and Canada: A Pragmatic Approach" (undated). The paper is undated, but based on the citations was written in 2008 or later.

The subject matter of the paper is described as follows:  read more »

"Restrictive Covenants and Non-Competition Clauses in the Employment Context"

"Restrictive Covenants and Non-Competition Clauses in the Employment Context" (June 2009) is the title of a paper prepared by Simon Margolis, with the assistance of Emily Lapper.  Mr. Margolis is a lawyer at Bull Housser Tupper in Vancouver.

Supreme Court of Canada issues decision on restrictive covenants in employment contracts

Jurisdiction: - British Columbia

In a decision issued January 23, 2009 - Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 - the Supreme Court of Canada clarified when, in an employment contract, the doctrine of severance may be invoked to resolve an ambiguous term in a restrictive covenant or render an unreasonable restriction in the covenant reasonable.

Facts

In the late 1980s, Mr. Shafron sold his insurance agency business to KRG Insurance Brokers Inc. ("KRG"). Mr. Shafron continued to be employed in the business, however, through a series of employment contracts.

The employment contracts contained a non-competition clause that stated that if Mr. Shafron left KRG for any reason other than being terminated without cause, he would not compete with KRG for a period of three years by being involved with any insurance brokerage business which is carried on within the "Metropolitan City of Vancouver". At the time, the "Metropolitan City of Vancouver" was not a legally defined term.  read more »

"Ten Key Differences Between Canadian and U.S. Employment Laws"

Christina Medland and Joe Vicinanza have written an article on "Ten Key Differences Between Canadian and U.S. Employment Laws" (December 11, 2007).

The authors are lawyers at Torys. The article was published in the firm's Pension and Employment Bulletin.