The plaintiff sought an interlocutory injunction restraining a former employee and his new company from soliciting or servicing any past or present customers.
The plaintiff alleged the employee was a fiduciary who breached duties by leaving on short notice and soliciting clients.
The court held the plaintiff failed to establish a strong prima facie case that the employee was a fiduciary or that any continuing breach of fiduciary duty existed.
Evidence of irreparable harm was speculative and limited, and the balance of convenience favoured permitting lawful competition by the former employee’s start‑up business.
The motion for an interlocutory injunction was dismissed with costs.
