2 total
Interlocutory injunction denied; departing employee not a fiduciary and restrictive covenant overly broad.
The plaintiff, an aluminum scrap brokerage, sought an urgent interlocutory injunction to restrain a former employee from competing against it.
The plaintiff alleged the employee breached fiduciary duties and a restrictive covenant in his employment agreement.
The court dismissed the motion, finding the plaintiff failed to establish a strong prima facie case.
The employee was not a fiduciary because the plaintiff was not peculiarly vulnerable to him, as deals in the industry are driven by price rather than relationships.
Furthermore, the restrictive covenant was an overly broad and unenforceable non-competition clause.
The plaintiff also failed to prove irreparable harm, and the balance of convenience favoured the employee.
Application for judicial review dismissed; arbitrator reasonably concluded employer could terminate retiree benefits.
The applicant union sought judicial review of an arbitrator's decision denying a grievance over the termination of retiree benefits following a plant closure.
The arbitrator found that the employer had the right to terminate the benefits because the collective agreement incorporated an insurance master contract containing a minimum participation provision, which was no longer met.
The Divisional Court applied the reasonableness standard of review and concluded that the arbitrator's decision was defensible in respect of the facts and the law.
The application for judicial review was dismissed.
