Canada Case Law

Quality Chain Canada Ltd. v. Xu

Court

Supreme Court of British Columbia

The application was dismissed because (1) the plaintiff delayed unreasonably in bringing the interlocutory application such that any reasonable post-employment non-solicitation period (approximately 12 months) had largely expired and delay undermined each element of the injunction test; and (2) the plaintiff failed to identify its asserted confidential information with the requisite specificity, so mandatory and prohibitory orders regarding undefined confidential information would be unjust and unworkable.

Source excerpt

• Injunction
• Breach of confidence
• Non-compete
• Non-solicitation
• Fiduciary duty
• Forensic computer evidence

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People Corporation v. White Raven Consulting Ltd.

Court

Supreme Court of British Columbia

The court granted People Corporation an interlocutory injunction enforcing sale-of-business restrictive covenants against White Raven and Nickolas Calla pending trial.

• Restrictive covenants
• Non-competition
• Non-solicitation
• Non-acceptance
• Sale of business
• Goodwill

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Epiroc Rock Drills AB v. Zimmerman

Court

Supreme Court of British Columbia

The court dismissed Epiroc’s interlocutory injunction application, finding its confidential information case too vague, its harm evidence speculative, and key hearsay inadmissible.

• Non-competition
• Non-solicitation
• Breach of confidence
• Fiduciary duty
• Preservation of documents
• Double hearsay

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NSD Disposal Limited v. Ruppel

Court

Supreme Court of British Columbia

The court granted limited confidentiality relief, but refused to extend non-solicitation restraints or order a forensic device search, finding the plaintiff had not met the higher test.

• Non-solicitation
• Restrictive covenant
• Forensic computer examination
• Anton piller
• Confidential information
• Constructive dismissal

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Dentalcorp Health Services Ltd. v. Dr. J.S. Minhas Dental Corp.

Court

Supreme Court of British Columbia

The court granted an interlocutory injunction in part, treating the restraints as commercial covenants from a business sale and finding a strong prima facie case for breaches at Pine Centre and Powell River.

• Restrictive covenants
• Non-competition
• Non-solicitation
• Confidential information
• Sale of business
• Goodwill

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Bouchard v. Facility Condition Assessment Portfolio Experts Ontario Ltd.

Court

Supreme Court of British Columbia

La Cour a conclu à un terme d’emploi fixe minimal de trois ans, a alloué des dommages pour congédiement hâtif, a validé une clause restrictive commerciale et a ordonné le paiement retenu de 5 000 $.

• Wrongful dismissal
• Breach of contract
• Non‑compete
• Non‑solicitation
• Asset purchase agreement
• Damages

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Dibble v. Creative Music Therapy Solutions Inc.

Court

Supreme Court of British Columbia

The court found Christine Dibble was a dependent contractor, dismissed just cause, and awarded 12 months’ notice less avoided loss. The restrictive covenant and damage claims failed.

• Wrongful dismissal
• Dependent contractor
• Just cause
• Reasonable notice
• Mitigation
• Aggravated damages

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Diamond Delivery Inc. v. Calder

Court

Supreme Court of British Columbia

The court granted an interlocutory injunction enforcing a non-competition covenant tied to the sale of Sonic Transport, finding a strong prima facie case, irreparable harm, and balance of convenience.

• Non-competition agreement
• Asset purchase and goodwill
• Non-solicitation
• Assignability and successors
• Irreparable harm
• Balance of convenience

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Quick Pass Master Tutorial School Ltd. v. Zhao

Court

Supreme Court of British Columbia

The court held the non-compete and confidentiality clauses enforceable, found breaches, awarded $50,000 in damages, denied an injunction and punitive damages, and granted special costs.

• Non-compete
• Non-solicitation
• Confidentiality clause
• Breach of contract
• Permanent injunction
• Punitive damages

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WJ Packaging Solutions Corp. v. Park

Court

Supreme Court of British Columbia

The court upheld a post-resignation NDA, found no fiduciary duty, held the defendant breached the agreement by working for Champion, and awarded nominal damages only.

• Non-disclosure agreement
• Non-competition
• Non-solicitation
• Fiduciary duty
• Damages
• Disgorgement of profits

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