The plaintiff, a waste disposal broker, brought a motion for summary judgment alleging the defendant waste disposal service provider breached non-solicitation, non-compete, and confidentiality provisions of a four-year waste disposal services agreement, as well as the duty of good faith.
The defendant brought a cross-motion for judgment on unpaid invoices totalling $37,611.47.
The court interpreted the restrictive covenants narrowly, finding they were geographically limited to Ontario, that the definition of "GIC Client" required an active commercial relationship, and that business relationships were location-specific rather than entity-wide.
The plaintiff failed to establish any breach of the restrictive covenants, confidentiality obligations, or duty of good faith.
The plaintiff's motion and action were dismissed, and the defendant was granted judgment on its counterclaim for unpaid invoices.