The plaintiff employer brought a motion for an interlocutory injunction to restrain a former employee from soliciting and doing business with its existing customers.
The employee had resigned and started a competing business selling similar products.
Applying the RJR-MacDonald test, the court found there was a serious issue to be tried but concluded the plaintiff failed to establish irreparable harm, noting the employee was not a fiduciary and damages would be an adequate remedy.
The balance of convenience favoured the employee, as the injunction would deprive him of his primary ability to earn a living.
The motion was dismissed.
