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Serious insight for serious situations.

Serious insight for serious situations.

Are your restrictive covenants enforceable?

It is no secret that Canadian courts have a strong aversion to restrictive covenants in the employment context.  The common law presumption has long been that such obligations are restraints on trade, and are therefore prima facie unenforceable unless they are reasonable between the parties and with reference to the public interest. Courts generally consider

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On the First Day of Christmas…

If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these?  A partridge?  I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which

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The “Boomerang Employee” – Think Before Re-Hiring the “Comeback Kid”

This past weekend, I was fascinated to read Leah Eichler’s story in the Globe and Mail about “Boomerang Employees.”  Having never heard the term, I was interested to learn that it refers to an employee who leaves an organization only to later return to that same organization for a second term of employment, presumably after

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Restrictive Covenants That “Stick”

This week, we continue to look back at noteworthy 2007 employment law cases.  For people who are interested in the duties imposed on departing employees, have a look at H.L. Staebler Co. v. Allan [2007] O.J. No. 3460, a decision of the Ontario Superior Court of Justice.  The case revolved around whether an employer’s restrictive

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