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.
