Eric Charles Nanayakkara

This is an appeal from a trial judgment concerning a breach of an employment contract.

The appellants, Verge Insurance Brokers Ltd. and Mark Sherk, challenged the trial judge's findings on liability and damages.

The core dispute revolved around the interpretation of a contractual provision allowing the respondent, Ryan Lindsay, to purchase his book of business upon resignation.

The Court of Appeal upheld the trial judge's conclusion that Verge breached the contract by failing to provide accurate account information and sufficient time for Lindsay to close the transaction.

The court affirmed the trial judge's damages award, applying a standard of substantial deference to contractual interpretation and factual findings on loss of profits.

The applicants, Stress-Crete Limited and King Luminaire Company Inc., sought a permanent injunction against their former employee, Stephen Harriman, to prevent him from breaching non-competition, non-solicitation, and confidentiality clauses in his employment agreement by working for a direct competitor.

The court found the non-competition clause ambiguous and unenforceable due to its overly broad geographical scope.

However, the non-solicitation and confidentiality provisions were deemed clear, reasonable, and enforceable.

The court found a serious issue to be tried, irreparable harm to the applicants from the use of confidential information and solicitation, and that the balance of convenience favored the applicants regarding these latter provisions.

The motion for a permanent injunction was granted in part, restraining Harriman from soliciting former clients and employees and from using confidential information for two years.