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ARTICLE · 05 NOVEMBER 2026

Can You Enforce A Restrictive Covenant Against A Cross-border Executive? (Video)

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When a company's executive works remotely across provincial or international borders and joins a competitor, can restrictive covenants be enforced? This analysis explores the complex interplay of choice of law provisions, forum selection clauses, and varying jurisdictional approaches to non-compete agreements. Legal experts examine threshold questions employers must address when drafting and enforcing restrictive covenants in an increasingly mobile workforce.

CanadaEmployment and HR
Ellie Kang
Ellie Kang
Irfan Kara
Irfan Kara
Corina Manole
Corina Manole
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Video transcript

Ellie Kang (00:00:00)

Suppose your company, headquartered in Toronto, entered into a restrictive covenant agreement with an executive who worked remotely from Montréal. The executive is now leaving the company to join a competitor in the US. Can your company enforce the restrictive covenant agreement against this executive? In this video, we'll discuss some key factors to consider in this type of situation. Irfan, what are some of the threshold questions that the company should consider?

Irfan Kara (00:00:28)

Thanks, Ellie. As an initial matter, you'll want to consider whether the restrictive covenant agreement specifies governing law and forum for dispute resolution. You're also going to look at the scope of the covenant. For example, does it geographically cover the US? Under our scenario, suppose Ontario law and Ontario courts were chosen. An Ontario court applying Ontario law may enforce reasonable non-compete, non-solicit and confidentiality provisions.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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