COMM 393 Chapter Notes -Lower Mainland, Niche Market
Document Summary
Brownlee entered into a written employment contract with phoenix, containing non-competition and non-solicitation covenants. Brownlee resigned from phoenix, and commenced employment at belfor. Decisions: no, they failed to establish a strong prima facie case, it hasn"t established it, phoenix not entitled to injunctive relief. Prevents brownlee from working business substantially similar to phoenix"s, even if that business doesn"t compete w/ phoenix: non-solicitation clause not limited to the clients with whom brownlee dealt; prohibits. Brownlee from soliciting any of phoenix"s customers or actively seeking prospective clients or customers, including those with whom he had no dealings - broader than necessary to protect. Issue: can phoenix seek injunction on basis of restrictive covenant to enforce both non-competition. Non-competition clauses are prima facie void & illegal - test for reasonableness for covenant: protects legitimate proprietary interest of employer, restraint reasonable between parties in terms of, temporal length, spatial area covered, nature of activities prohibited, overall fairness.
