Sunil Kapur

The plaintiff employer brought a motion for partial summary judgment seeking to enforce a non-competition clause against a former software developer who resigned to work for a competitor.

The defendants brought cross-motions seeking a declaration that the clause was void.

The court found the matter appropriate for partial summary judgment.

The court held that the non-competition clause was overly broad in its scope of prohibited activities, geographic scope, and temporal scope, and was ambiguous.

The clause was declared unreasonable, unenforceable, and void ab initio.

The Court considered an appeal arising during an indefinite strike by members of Les avocats et notaires de l’État québécois, where an adjournment request had been refused as part of an essential-services context.

By the hearing date, the strike had ended and a special statute had required a return to work.

The Court held the issue was moot and dismissed the appeal without costs.

It stated that dismissing the appeal did not endorse either the process used or the validity of the considerations identified by the Court of Appeal.

The Association of Justices of the Peace of Ontario brought an application seeking a declaration regarding the appropriate salary indexing adjustment for the 2008-2009 salary year.

The court had previously adjourned the application to allow the government time to respond to the Remuneration Commission's recommendation.

After the government provided its response, the court dismissed the application, holding that the appropriate remedy was now judicial review of the government's decision based on the standard of simple rationality.