Non-compete Clauses And Remote Work: Rethinking Traditional Parameters

Recent years have seen the integration of remote work into many organizations, blurring the physical boundaries of the workplace. This development has significant implications for how employers manage their contractual relationships, particularly with regard to non-compete clauses. To be enforceable, non-compete clauses must be reasonably limited in terms of duration, geographical scope, and activities covered. However, the notion of "territory" is harder to define in the context of remote work. An employee can now work in Montréal for a company based in Toronto, while serving U.S.-based clients. In a situation like this, what is a legitimate geographic restriction that would ensure the enforceability of a non-compete clause?