Appeal from a summary judgment decision in a dispute involving a former senior employee who joined a competitor after signing a Canada-wide non-competition covenant and allegedly soliciting customers and employees.
The court held the evidentiary record was insufficient to declare the restrictive covenant enforceable on summary judgment, but equally insufficient to declare it unenforceable where the responding parties had not moved for that relief and genuine issues remained regarding customer relationships and geographic scope.
The court further held that the solicitation record disclosed genuine issues for trial concerning two groups of dentist customers, but not a third group.
The costs order was varied in light of the appellant's partial success, with each side to bear its own costs of the summary judgment motions and the appeal.
