The defendants sought leave to appeal an interlocutory injunction restraining them from soliciting the plaintiff's clients and using its confidential information.
The individual defendants had left the plaintiff's employment to join the corporate defendant, allegedly taking client lists and soliciting clients in breach of non-solicitation agreements.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motion judge's application of the strong prima facie case test, the finding of irreparable harm to the plaintiff's business viability, and the balance of convenience.
