Law stated as at 01 Aug 2011 • Canada (Common Law)
This article examines the various complications that must be considered when drafting restrictive covenants in Canada which are capable of enforcement against former employees after they leave employment. Both non-competition and non-solicitation covenants are analysed, together with current judicial trends, descending scope clauses and over-reaching, and practical tips for drafting are included. The Ontario courts' relaxation of the rules when non-competition is a condition of a post-employment benefit is also examined, along with the specialised approach of the Québec courts.
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This article is part of the PLC global guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg.