Meghan A. Cowan

The plaintiff, an employment staffing agency, sought an interlocutory injunction against a former Director of Branch Operations and his new employer for alleged breaches of non-solicitation and confidentiality covenants.

The court found the Proprietary Information, Developments Non-Competition and Non-Solicitation Agreement to be valid and binding, rejecting the argument of lack of fresh consideration as the agreement was a condition of employment and presented on the first day.

A strong prima facie case was established for the former employee's solicitation of a major client (Cisco) and misuse of proprietary information (knowledge of a former colleague's value to Cisco).

However, no strong prima facie case was found for solicitation of another client (Bank of Montréal) or employee inducement.

The court determined that the plaintiff would suffer irreparable harm from loss of goodwill and market share, which would be difficult to quantify in damages.

The balance of convenience favored granting the injunction.

The appellant operated a commercial parking lot that was not in compliance with the applicable Zoning By-Law.

The appellant sought to establish that the property constituted a legal non-conforming use by demonstrating continuous operation of a commercial parking lot since the By-Law's passage in 1993.

The application judge found that the lot had been used as an accessory lot rather than a stand-alone commercial parking lot from 1993 through 1996, and therefore fell out of compliance when its use changed.

The application judge granted declaratory relief and an injunction restraining operation of the parking lot.

On appeal, the appellant failed to establish a palpable and overriding error.

The appeal was dismissed with costs awarded to the respondent.

The Applicants sought substantial indemnity costs after successfully obtaining a statutory injunction and declaratory relief against the Respondent for contravening a municipal zoning by-law.

The court denied substantial indemnity costs, finding the Respondent's conduct did not meet the "reprehensible" or "egregious" threshold required for such an award.

The court also rejected the argument that the public interest nature of by-law enforcement warranted higher costs.

Instead, the court awarded partial indemnity costs, fixing fees and disbursements based on the principles of reasonableness and proportionality, considering the complexity and importance of the matter.

The applicants sought a statutory injunction under section 380 of the City of Toronto Act to restrain the respondent from operating a commercial parking lot in contravention of a zoning by-law.

The respondent conceded the non-compliance but argued the parking lot was a legal non-conforming use.

The court found the applicants had standing as taxpayers and established a clear breach of the by-law.

The respondent failed to prove continuous use as a commercial parking lot since the by-law's passage, as the property was previously used as an accessory lot.

Finding no exceptional circumstances, the court granted the statutory injunction and related declaratory relief.