Crane Rental Operater Hoisted by Restrictive Covenants
Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give rise to an employment agreement, the obligations of the parties are usually primarily linked to the commercial contract, and thus any restrictive covenants should be afforded broad interpretation. The decision, Payette v. Guay inc., provides a clear and coherent analysis for determining the rules of interpretation to be applied to restrictive covenants that arise in these hybrid contracts. The Facts The respondent Guay operated a crane rental company in locations ... [more]
Priceless: Competition case against Visa and MasterCard dismissed
New Life for a National Securities Regulator?
On Thursday, September 19, the Canadian government announced a new plan for national securities regulation. So far, it has the support of just two provincial governments, Ontario and British Columbia, but the plan invites all other provinces and territories to sign on. Quebec and Alberta defeated the last federal attempt to create a national regulator, which the Supreme Court deemed unconstitutional in the Securities Reference (2011 SCC 66). But the new plan differs in two important ways. First, there will be no federal law regulating the securities industry in general. Instead, that will be regulated by uniform provincial laws to be adopted by participating provinces. Second, the federal law will deal with criminal provisions, national data collection, and systemic risk in the financial sector, areas the Securities Reference either did not contest or specifically viewed as proper candidates for federal legislation. [more]
Ottawa Businessman Convicted of Foreign Corruption
Court Drops Misleading Advertising Case Against Rogers
Rogers’ advertising claims that customers of its Chatr brand experienced fewer dropped calls than customers of new entrants, including Wind Mobile and Public Mobile, were not false or misleading, the Ontario Superior Court held today in dismissing an application by the Commissioner of Competition. [more]
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