Non-Competition

In NL Fisher Supervision & Engineering v Bottger, the Alberta Court of Justice ruled restrictive covenants in consulting agreements were ambiguous and unreasonable.

In ARC Surveys Ltd v Ni, a surveying company failed to get a permanent injunction preventing the involvement of a former shareholder with a competitor.

In Great North Equipment v Penney, 2024 ABKB 533, the Alberta Court of KB considered an injunction application to enforce non-compete and non-solicit clauses.

In 1731271 Alberta Inc. v Reimer, 2024 ABKB 446, the Court refused to prevent a former employee and new employer from soliciting clients.

Competition Act changes came into effect in June, 2023, which make it a criminal conspiracy to enter no-poaching and price fixing deals with other employers

In M Fairbanks PC v TG Michelson PC, 2023 ABKB 53, an injunction application almost succeeded, but there was no evidence the breach was ongoing

In Eyford v Precision Forensics, 2022 ABPC 242, the Alberta Provincial Court found the employee was wrongfully dismissed and didn’t breach his non-solicit

Secure Resources v Wilson is a new Alberta case where the court overturned an Anton Pillar + injunction because the employer had not disclosed all the facts in court.