Bad Facts Make Bad Law – Injunctions Restraining Competition In British Columbia

We know that non-competition agreements are generally not enforceable in the employment context in Ontario if they were entered into prior to October 25, 2021, except in a handful of situations. However, that still leaves: the rest of Canada; agreements prior to the magic date; those handful of exceptions; and of course, independent contractors. In short, non-compete injunctions are not dead.

In a decision released August 2, 2024, the B.C. Court of Appeal had occasion to review a motion judge's decision to grant an interlocutory injunction restraining a tutor from offering services at two universities where he provided services in his capacity as a contractor for a period of over 13 years. The Court of Appeal upheld the granting of the injunction.