Since the seminal judgment in Elsley v. J.G. Collins Insurance Agencies Ltd.,  2 S.C.R. 916, Canadian courts have applied the rules for determining the validity of a restrictive covenant more strictly in the employment context than where the covenant accompanies the sale of a business. However, it can frequently be difficult to identify which category a covenant falls into where a business is sold as part of a hybrid agreement that contemplates the vendor will also become the purchaser’s employee. In Payette v. Guay inc., 2013 SCC 45, the Supreme Court of Canada weighed in on … Continue Reading
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This blog expresses our views on upcoming and decided appeals of interest to Canadian businesses and professions. It also comments on the impact of legal changes that may affect appellate procedure, and relates insights and best practices derived from our experiences handling complex appeals.