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Does the improper disclosure of confidential information always result in damages?

MISUSE OF CONFIDENTIAL INFORMATION DID NOT RESULT IN DAMAGES Edac Inc. v. Tullo 1999 CanLII 14868 (ON SC) Before resigning from his senior management employment position with the plaintiff, an e...

Consideration to enforce a non-compete provision

Discussion: In the sale of a business, the agreement of the vendor not to compete may be part of the consideration by agreeing to acquire the business. Consider 1400467 Alberta Ltd. v. Adderley (2012 ...

Employers Beware: Does Your Employee Owe a Fiduciary Duty Post-Termination?

  A recent Ontario Court of Appeal decision affirmed that employees who play a vital role in a company owe a fiduciary duty to their employer even after termination. In GasTOPS Lt...

Blog Bite: Can a Franchise Enforce a Restrictive Covenant Against Its Competitors?

In an interesting case for parties seeking to impose a geographic boundary on competitive operations, an Ontario Court has held that a franchisor was not entitled to enforce a restrictive covenant bec...

Non-competition Clauses: Is 5 Years Too Long to Promise not to Compete?

  Employment Contracts Non-competition clauses are often found in employment and consulting contracts. Generally speaking, these clauses have to be as narrow as possible, covering only ...

Engaging in ‘Other Business’ without Violating a Non-Compete Clause

Are you a consultant with a full time client and a related sideline where you enjoy trying out new and innovative ideas? If so, a good pitch to your client on how your sideline could benefit them may ...

Blog Bite: How can a shareholders’ agreement help a start-up company and what situations could potentially arise that could be navigated through a shareholders’ agreement?

This article posted on our partner site Mondaq.com discusses the use of a shareholders' agreement to confront the challenges that arise when building a successful company. A properly drafted shareho...

Blog Bite: What must be considered when entering a joint venture agreement?

This article posted on our partner site Mondaq.com identifies primary concerns for a firm considering entering a joint venture agreement viz. non-competition, confidentiality, liquidation clauses in...

Blog Bite: What considerations should be taken when including a non-competition clause in a Chinese joint venture agreement?

This article posted on our partner site Mondaq.com discusses whether a non-competition clause in a joint venture agreement is permissible under China's 2008 Anti-monopoly Law. Citing a number of rea...

Blog Bite: How can a firm ensure that sensitive information shared with its joint venture partner is not abused?

This article posted on our partner site Mondaq.com advises businesses on how they can insulate themselves from competitors (or opportunistic joint venture partners) seeking to poach employees or sol...

Blog Bite: Why will an employer never include a non-competition in an independent contractor contract?

This article posted on our partner site Mondaq.com outlines that if an employer attempts to hire someone as an independent contractor instead of an employee for benefits such as Obama care and minim...

Blog Bite: Can employers get independent contractors to sign a non-compete?

This article posted on our partner site Mondaq.com states that independent contractors can sign confidentiality agreements, but employers who wish to maintain the independent contractor status (e.g....

Blog Bite: Can an independent contractor be asked to sign a consulting agreement with a non-competition clause?

This article posted on our partner site Mondaq.com explains that an independent contractor cannot be asked to agree to a non-competition clause. According to the author, non-competition clauses can ...
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