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ARTICLE · 08 FEBRUARY 2023

Enforcing Non-Competition Agreements – A Non-Starter?

Taylor McCaffrey
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Having your employees agree to not compete against you after they move on is great for your business. But how easy is it to actually enforce a non-compete clause when you believe a former employee is

CanadaEmployment and HR
Peter Mueller
Peter Mueller
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Having your employees agree to not compete against you after they move on is great for your business. But how easy is it to actually enforce a non-compete clause when you believe a former employee is breaching it?

In Manitoba, our Court of Appeal clarified earlier this year that your non-compete clause is going to be highly scrutinized at the early stages of litigation if you are pursuing a Court order to stop the competition while you wait for the litigation process to progress to a trial. This means your non-compete could be sunk before it sets sail.

Non-Competes Presumed to be Unreasonable / Unenforceable

Non-competes have a tough road ahead of them if they are to be enforced.

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