We have experience helping our clients navigate the world of non-competition agreements and fiduciary duties. We give advice on this topic and represent our client's in court on non-compete clauses and issues of possible breaches of fiduciary duty. 

Successfully Stopping Injunction Application Brought By Former Construction Industry Employer Against New Competitor

Our client, a top regional executive of a national construction company left his corporate employer to start his own competing business. His former employer brought an injunction in court to stop him from setting up his business and competing. We successfully fought against the injunction and stopped the former employer from impairing the operation of his business. 

The issues in this case were (1) was there a potential breach of a fiduciary duty and (2) would the injunction irreparably harm our client’s business and (2) would damages be an adequate remedy at the end of the case years later. We stopped the employer’s injunction application in BC Supreme Court.

We have represented several financial advisors (and their new employers) over the years who planned to leave their corporate financial institution employers to move to a different office. In each case, their former financial institution employers, retained lawyers and threatened legal action against our clients for accepting business from former clients of the employees.

In every case, we successfully navigated and accompanied our clients through the process of moving to a different financial firm or their own new firm without lengthy or expensive litigation.

We regularly review, draft, and help negotiate draft employment contracts for our employee, employer and business clients. We routinely review, draft and advise on confidentiality and non-solicitation clauses.

Our client, a top award wining salesperson, was in the process of leaving her firm. She had a large book of business with customers that wishes to go with her. Her previous employer brought an injunction to stop her from servicing the clients who moved with her to her new firm. We successfully stopped her previous firm’s injunction application with costs awarded against her former employer.