LA CLAUSE DE NON-SOLLICITATION EST MORTE, LONGUE VIE A LA CLAUSE DE NON-SOLLICITATION?
AbstractWithin the sphere of restrictive clauses in Quebec employment law, the non-solicitation clause has always taken a back seat to its older cousin, the non-competition clause. Yet, it remains an important tool at the disposal of the employer who wishes to legitimately protect its goodwill and clientele, without prohibiting his ex-employees from earning a living in their chosen field of work. However, certain recent decisions have adopted a very restrictive definition of what constitutes solicitation and, in so doing, have jeopardized the effectiveness of nonsolicitation clauses. In the present text, we shall analyze and critique this new line of case law.
Keywords:Employment Law, Injunctions, non-sollicitation, non-competition, execution in kind, contractual interpretation
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