Employment Law 101: Enforcement Of Restrictive Covenants

Earlier this year, the Honourable Mr. Justice W.A. Tilleman of the Court of Queen's Bench of Alberta was called upon to determine whether an injunction was appropriate due to an alleged breach of restrictive covenants, non-competition and non-solicitation clauses, in an employment agreement. In his decision in Specialized Property Evaluation Control Services Ltd. v. Les Evaluations Marc Bourret Appraisals Inc., 2016 ABQB 85, Justice Tilleman provides a helpful overview of the general principles to be applied when an employer seeks the enforcement of such clauses and reminds us that a restrictive covenant must be assessed on its own merits in the particular context of the case at hand.