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ARTICLE · 28 MAY 2014

Circumventing The Disdain For Non-Competes

Littler Mendelson
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The Ontario Superior Court of Justice recently upheld a contract requiring a senior executive to provide six months’ prior notice before resignation.

CanadaEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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The Ontario Superior Court of Justice recently upheld a contract requiring a senior executive to provide six months' prior notice before resignation.  The court agreed with the employer that the senior executive could not move to a competitor during the notice period, effectively prohibiting him from competing during a contractual notice period.

In Blackberry Limited v. Marineau-Mes, the Company promoted the executive from a Senior Vice-President position to an Executive Vice-President position.  As part of this promotion, the executive signed a new contract which provided that he could "resign from employment with [the Company] at any time upon providing six (6) months' prior written notice." 

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