Who is Gary E. Flaxbard?

Gary E. Flaxbard is an Ontario lawyer with 4 court cases on record from 2014 to 2016.

What courts has Gary E. Flaxbard appeared in?

Gary E. Flaxbard has appeared in Superior Court of Justice, Court of Appeal, with most appearances at the Superior Court of Justice.

How many cases has Gary E. Flaxbard handled?

Gary E. Flaxbard has 4 cases on record from 2014 to 2016.

What judges has Gary E. Flaxbard appeared before?

Gary E. Flaxbard has most frequently appeared before Justice David A. Broad, Justice R. D. Reilly, Justice Peter D. Lauwers.

Gary E. Flaxbard

4 total

Donaldson Travel Inc. v. Murphy, 2016 ONCA 649

Appeal dismissed; restrictive covenant prohibiting former employee from accepting business was an unenforceable non-competition clause.

The appellant travel agency appealed a summary judgment dismissing its claims for breach of contract, misappropriation of confidential information, and inducing breach of contract against a former employee and her new employer.

The Court of Appeal upheld the motion judge's finding that the restrictive covenant, which prohibited the employee from soliciting 'or accepting business' from the appellant's clients, was an unenforceable non-competition clause due to its broad wording and lack of a temporal limitation.

The court also found no error in the motion judge's conclusion that the appellant failed to prove the misappropriation of confidential information.

The appeal was dismissed.

OCAAug 30, 2016

Respondent Counsel

Donaldson Travel Inc. v. Murphy et al., 2016 ONSC 1396

Successful defendants awarded partial indemnity costs of $84,672.29 following summary judgment dismissing plaintiff's action.

The defendants were successful on a motion for summary judgment dismissing the plaintiff's action.

The parties could not agree on costs.

The plaintiff argued each party should bear its own costs because the defendants could have brought their motions earlier and the action was novel.

The court rejected these arguments, finding the action lacked merit and was not novel in a way that would displace the usual costs rules.

The court awarded the defendants their costs on a partial indemnity basis, fixing Murphy's costs at $37,760.38 and Goliger's costs at $46,911.91.

SCJFeb 26, 2016

Applicant Counsel

Donaldson Travel Inc. v. Murphy et al., 2016 ONSC 740

Summary judgment granted dismissing former employer's claims; restrictive covenant found overly broad and unenforceable.

The plaintiff travel agency sued a former employee and her new employer for breach of a restrictive covenant, misappropriation of confidential information, and inducing breach of contract.

The defendants brought motions for summary judgment to dismiss the action.

The court found the restrictive covenant was an overly broad and unenforceable non-competition clause, as it lacked temporal limits and restricted accepting business from any of the plaintiff's clients.

The court also dismissed the claims for inducing breach of contract and breach of confidence, finding no enforceable contract existed and the information shared by the employee did not possess the requisite quality of confidence.

The defendants' motions for summary judgment were granted and the action was dismissed.

SCJFeb 5, 2016

Applicant Counsel

Donaldson Travel Inc. v. Murphy et al., 2014 ONSC 991

Successful party on discovery motion awarded partial indemnity costs payable forthwith.

Following an unsuccessful motion by the plaintiff to compel answers to questions refused at an examination for discovery, the court determined the issue of costs.

The moving party argued that costs should be in the cause, but the court rejected that position.

The responding party had been entirely successful on the motion and was therefore entitled to costs on a partial indemnity scale.

The court found the responding party’s bill of costs reasonable and ordered payment forthwith.

Respondent Counsel