The plaintiff employers brought a motion for an interlocutory injunction to enforce restrictive covenants against a former executive who resigned to join a competitor.
The plaintiffs sought to enforce non-competition, non-solicitation, and confidentiality clauses, and alleged the former employee misused confidential information by wiping a company laptop and using a USB device before returning it.
The Superior Court of Justice dismissed the motion, finding the plaintiffs failed to establish a strong prima facie case that the restrictive covenants were enforceable, as they lacked a proprietary interest and the clauses were overly broad and ambiguous.
The court also found no serious issue to be tried regarding the misuse of confidential information, no irreparable harm, and that the balance of convenience favoured the employee.
