Z. Levy

The plaintiff, Humi Holdings Corporation, brought a motion for an interlocutory injunction to prevent former employees and their new company from competing and using alleged confidential information to develop an embedded payroll software product.

The court admitted expert evidence from both sides.

Applying the RJR-MacDonald test, the court found that the plaintiff failed to establish a strong prima facie case that the non-competition clauses were enforceable or breached, or that confidential information was misused.

Furthermore, the plaintiff failed to demonstrate irreparable harm, and the balance of convenience favored the defendants.

The motion was dismissed with costs awarded to the defendants.

The applicant and respondent both brought motions to compel answers to refused questions from cross-examinations on affidavits for a pending application.

The underlying application sought an interim preservation order over a mining royalty.

The applicant sought production of unredacted communications, a valuation report, and a purchase agreement between the respondent and the Public Guardian and Trustee.

The respondent sought answers regarding the deceased's will and the applicant's relationship with a third party.

The court dismissed both motions, finding that the requested documents and answers were not relevant to the narrow issues to be decided on an interim preservation application.