The Court of Appeal granted an interim stay of an injunction restraining a meat shop, finding irreparable harm and balance of convenience favored preserving the status quo.
On the summary judgment record the court could not determine enforceability of an 18‑month Canada‑wide non‑competition clause as a matter of law; factual issues about the employee’s special relationship with customers and the geographic reach of the employer’s protectible business require trial; motions judge erred in declaring the clause unenforceable and in awarding nearly all costs to defendants — final disposition: appeal allowed in part, issues remitted to trial and parties to bear their own costs of the summary judgment motions and appeal.