Author: Dean Crawford
Is Forfeiture of a Bonus for Resigning a Restraint of Trade?
Does the forfeiture of a bonus for leaving an employer constitute a restraint of trade? This question was recently put to the Ontario Supreme Court of Justice in Levinsky v. TD Bank, 2012 ONSC 5110. The Court’s ultimate response may encourage more employers to require forfeiture or repayment of bonuses to incent employee loyalty as […] Read more
Failure to Meet Irreparable Harm Test Sinks Both a Non-Solicit and Non-Compete Clause
As predicted earlier in this space, the British Columbia Court of Appeal’s decision inEdward Jones v. Voldeng, 2012 BCCA 295, is making it very difficult to enforce a non-solicit agreement in B.C. on an interim basis pending trial. In Hub International v. Redcliffe, 2012 BCSC 1280, one of the first decisions to applyEdward Jones, the B.C. […] Read more
