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ARTICLE · 12 JUNE 2024

Non-Competition In Quebec: Employers Should Precisely Define Prohibited Work In Employment Contracts

McCarthy Tétrault
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The Superior Court recently issued a significant warning to employers operating in Québec regarding the drafting of non-competition covenants included in employment contracts...

CanadaEmployment and HR
McCarthy Tétrault Employer Advisor
McCarthy Tétrault Employer Advisor
Alexandre W. Buswell
Alexandre W. Buswell
David Paradis
David Paradis
Dominique Grégoire
Dominique Grégoire
Naomi-Edith Barandereka
Naomi-Edith Barandereka
Author LinkedIn connections

The Superior Court recently issued a significant warning to employers operating in Québec regarding the drafting of non-competition covenants included in employment contracts: it is a best practice to clearly define the type of prohibited work in these clauses. Failure to do so may result in the non-competition covenant being deemed abusive when seeking enforcement before the Court. In such cases, the employer risks being ordered to pay the employee's legal fees.

Case Analysis: Jutras c. La Presse (2018) inc., 2023 QCCS 2506

In Jutras c. La Presse (2018) inc. ("La Presse")1, the Superior Court not only ruled that the non‑competition clause was invalid because of its lack of specificity regarding the activities targeted by the clause, but also ordered the employer to reimburse nearly $200,000 in legal fees for having requested its enforcement.

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