The appellant purchased the respondent's insurance brokerage business from a trustee in bankruptcy.
The agreement of purchase and sale did not contain a non-solicitation clause.
The appellant appealed a motion judge's declaration that the respondent was entitled to solicit his former clients.
The Court of Appeal dismissed the appeal, holding that in an involuntary alienation of assets in a bankruptcy, there is no common law implied obligation on the part of the bankrupt not to compete and solicit former clients.
