M. Gayed

The defendants brought a motion to set aside their noting in default, to strike the statement of claim for failing to plead material facts, and to transfer the action to the ordinary procedure.

The court set aside the noting in default on consent.

The court dismissed the motion to strike, finding the pleading sufficient when read generously, as the basic elements of the claim for unpaid materials were pleaded and particulars had been provided.

The court granted the request to transfer the action to the ordinary procedure, as the declaratory and mandatory relief sought brought the proceeding outside the ambit of the simplified procedure.

The plaintiff recruitment agency brought a motion for an interlocutory injunction to enforce a restrictive covenant against a former employee and his new employer.

The plaintiff sought to prevent the defendants from contacting any candidates or clients listed in its databases.

The court dismissed the motion, finding that the former employee was not a fiduciary and that the restrictive covenant was overly broad, ambiguous, and unenforceable because it was impossible to determine which names were in the databases.

The court also found that the plaintiff failed to establish irreparable harm or that the balance of convenience favoured an injunction.