The plaintiffs brought a motion for an interlocutory injunction to restrain their former employee, the defendant, from competing, soliciting clients or employees, and using confidential information.
The court applied the RJR-MacDonald test and found that the plaintiffs failed to establish irreparable harm, as their allegations were based on suspicion rather than clear evidence.
The balance of convenience also heavily favoured the defendant.
The motion was dismissed, and the plaintiffs were ordered to pay the defendant's costs of $40,000.