Interlocutory injunction to enforce non-solicitation clause denied; no costs awarded due to defendants' conduct.
The plaintiff transportation brokerage sought an interlocutory injunction to enforce a non-solicitation clause against former employees who resigned to join a competitor.
The court applied the RJR-MacDonald test, requiring a strong prima facie case because the injunction would restrict the defendants' ability to earn a living.
The court found the non-solicitation clause was likely too broad in duration and scope, and the departing employee was not a fiduciary.
The motion for an injunction was dismissed, but the court declined to award costs to the successful defendants due to their flagrant disregard for the spirit of the employment agreement and inappropriate handling of confidential information.
Quarterback Transportation Inc. v Traffix Group Inc., 2018 ONSC 2668
