Canada Case Law

S.I. Systems Partnership v. Geng

Court

Court of Appeal for Ontario

The Court upheld the trial judge's findings that the restrictive covenants had not been brought to the attention of the contractors, that the covenants were in any event unenforceable, and that the appellant had not proven damages; accordingly the appeal was dismissed.

Source excerpt

• Restrictive covenants
• Enforceability
• Notice
• Damages
• Costs assessment

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Ulker Holdings Inc. v. AES Engineering Ltd.

Court

Supreme Court of British Columbia

The court ordered AES to pay shareholder loans, a founder bonus, and interest under an exit agreement, and severed AES's non-compete counterclaim.

• Summary judgment/summary trial
• Severability of counterclaim
• Set-off
• Non-compete agreement
• Contract interpretation
• Pre-judgment interest

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