2 total
Motion for leave to appeal dismissed with full indemnity costs awarded to the responding party.
The moving parties brought a motion for leave to appeal an order dated November 20, 2023.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party on a full indemnity basis in the amount of $8,213.01.
Interlocutory injunction granted to enforce a three-year non-competition covenant following the sale of a business.
The plaintiffs purchased the defendant's software business for $1.25 million.
As part of the transaction, the defendant agreed to a three-year non-competition covenant.
The defendant subsequently incorporated a new company and launched a competing software product while still employed by the plaintiffs.
The plaintiffs moved for an interlocutory injunction to enforce the non-competition clause.
The court granted the injunction, finding that the plaintiffs established a strong prima facie case of breach, irreparable harm, and that the balance of convenience favoured the plaintiffs.
