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ARTICLE · 03 JULY 2012

You Just Can't Compete With A Good Non-Compete

Your employees have access to all kinds of sensitive company information. But what can you do if they leave and use that information to unfairly compete against your company?

CanadaEmployment and HR

Your employees have access to all kinds of sensitive company information. But what can you do if they leave and use that information to unfairly compete against your company?  An Ontario court, in Corona Packaging Inc. v Singh, has recently confirmed that you might be able to prevent that competition, by obtaining an injunction.  This decision reinforces why such clauses are a good idea and how they can prevent a company from losing key business.

Facts

Corona Packaging manufactures plastic bottles and has one major customer, Guest Supply Inc. After a chance encounter at a conference, the President of Corona Packaging, Keith Ratcliff, became concerned that two former employees, Bradley Cascioli and Kashmir Singh, were intending to compete for Guest Supply's contracts. The two former employees had signed comprehensive employment agreements including both a confidentiality clause and a non-competition clause.

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