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.
