The appellant, an independent contractor, appealed a trial judgment finding he breached non-solicitation, non-competition, and confidentiality clauses in his contract with the respondent consulting firm.
The appellant had allowed a competitor to submit his resume for a government contract he was already working on through the respondent.
The Court of Appeal allowed the appeal, finding the restrictive covenant was overly broad and unreasonable, as it prevented solicitation of any client or prospect without spatial limitation.
The Court also found no breach of confidentiality, as the appellant merely provided his own skills and qualifications to the competitor, which did not constitute confidential information.
