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ARTICLE · 19 DECEMBER 2021

Court Sets Aside Non-Competition Injunction

Gardiner Roberts LLP
Gardiner Roberts LLP
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An injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
Howard Wolch
Howard Wolch
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An injunction that prevents a person from competing with a former employer can be devastating to the party subject to the injunction. Accordingly, where such an injunction is granted at an interlocutory stage of a proceeding, the party who obtained the injunction has an obligation to ensure that the proceeding moves forward expeditiously. Where the party does not do so, there is a danger that the interlocutory non-competition injunction can be set aside.

In the recent case of Kapur v. Konevic, 2021 ONSC 7730 (not yet on CanLII), the court set aside an interlocutory non-competition and non-solicitation injunction that had been granted against the individual plaintiff, a defendant by counterclaim, MK, on September 4, 2020.

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