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ARTICLE · 02 MARCH 2015

Non-Competition Provision Results In Increased Notice Period

Roper Greyell LLP
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In the recent case of Ostrow v. Abacus Management Corporation Mergers and Acquisitions, the B.C. Supreme Court followed an approach taken in a small handful of cases and confirmed that a non-competition provision may well result in an increased notice period for a wrongfully dismissed employee.

CanadaEmployment and HR
James Kondopulos
James Kondopulos
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In the recent case of Ostrow v. Abacus Management Corporation Mergers and Acquisitions, 2014 BCSC 938, the B.C. Supreme Court followed an approach taken in a small handful of cases (predominantly out of Ontario but including an appellate case out of B.C.) and confirmed that a non-competition provision may well result in an increased notice period for a wrongfully dismissed employee.

Facts

Adam Ostrow worked for Abacus Management Corporation Mergers and Acquisitions ("Abacus") as a specialist in US taxation. His employment lasted for the nine month period from March to December 2011.

Ostrow's employment with Abacus was terminated without cause with immediate effect. He was provided with one week's pay in lieu of notice. This was the statutory compensation for length of service to which he was entitled under the B.C. Employment Standards Act.

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