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The court granted an interim injunction enforcing a franchise non-competition covenant against the named defendants and 1396489 B.C. Ltd., with a short stay by consent.
On a strike application, the court held Surespan had pleaded an arguable equitable set-off defence against Heavy Haul’s debt claim. The Vancouver and Abbotsford actions were ordered tried together.
Appeal from certification of a class proceeding dismissed. The Court upheld breach of contract and restraint of trade common issues, preferability, and non-member representation.
The covenant’s wording (prohibiting being 'concerned with' or 'interested in, directly or indirectly, any undertaking involving any business the same as, similar to or competitive with' Hometown IDA) extends beyond barring Norton from working as a pharmacist and therefore is ambiguous and/or overly broad; the employer failed to prove the restriction was reasonable between the parties; appellate deference to the application judge’s interpretive findings was appropriate under Sattva; result: covenant unenforceable and appeal dismissed.
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The court granted a second certification application in a class action over waste-disposal charges and restraint-of-trade terms, finding the amended claim and representative fit the CPA test.
Certification was refused for a proposed class action over waste-disposal surcharges and restrictive CSA clauses, with leave to re-apply on the restraint of trade claim.
La Cour rejette les injonctions provisoires et interlocutoires demandées, jugeant la clause restrictive trop large et la définition de « confidentiel » trop vague.
The Court of Appeal upheld the motion judge: the settlement agreements were not void as restraints of trade because they were reasonable between the parties and in the public interest; a motion judge hearing a summary judgment motion has jurisdiction under r.20.04(3) to order a reference on quantum without first making a detailed finding of damages and without party consent under r.6.1.01; and the award of substantial indemnity costs was justified by the appellants' reprehensible conduct. The appeal was dismissed and costs awarded to the respondent.
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The Court of Appeal dismissed IRIS’s appeal, holding that the 2010 non-competition clause was overbroad, ambiguous, and unenforceable, and could not be saved by severance.
An interlocutory injunction was granted against Myers because the evidence established a strong prima facie case that he breached his franchise agreement and he consented to the injunction; an interlocutory injunction was refused as against Greg Ross and Alumni Bros because IRG failed to show a prima facie case that they were proxies for Myers or that enforcing Myers' non-competition covenant against them met the higher threshold required, and the balance of convenience favoured denying the injunction given the compensable nature of IRG's loss and the risk of catastrophic hardship to Ross.
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