Originally published at irvinschein.com.
In the recent case of Optilinx Systems Inc. v. Fiberco Solutions
Inc., the Superior Court of Ontario provided a useful
reminder as to the circumstances in which a former employee is
entitled to compete with his former employer.
In this case, Mr. Foresta had been employed by Optilinx as the
project manager of its fiber optic division. He was not an owner,
officer or director of the company and he was not bound by any
non-competition or non-solicitation agreement. He was not involved
in management at a senior level. However, he was regarded by the
company as a key employee and, in fact, he was its highest paid
staff employee when he resigned in August 2014 after 12 years of
employment.
