31 July 2024
Non-Solicitation Injunction By Imperial Printing Denied By Court
EDMONTON, ALBERTA—
Imperial Printing's Edmonton sheetfed plant owned by Rayacom Group.(Google maps)
Imperial Printing's Edmonton sheetfed plant owned by Rayacom Group.(Google maps)
 
 Imperial Printing in 2020, was purchased by Rayacom. The employee worked there until February, 2024 when she resigned due to increasing dissatisfaction, providing two weeks’ notice. The employee was not subject to a written confidentiality, non-solicitation or non-competition agreement. The employee left Imperial Printing and started working for Westkey Graphics Ltd., a direct competitor to Imperial Printing.
Has six plants including Vancouver, Calgary , Edmonton , Kamloops, Kelowna, Toronto
Has six plants including Vancouver, Calgary , Edmonton , Kamloops, Kelowna, Toronto
Imperial Printing sued the employee and Westkey, and sought a one year injunction preventing solicitation of its clients by the employee or Westkey. The Alberta Court of King’s Bench denied an application by an employer for an injunction preventing a former employee and her new employer from soliciting the prior employer’s clients. The Court was reluctant to impose barriers to free competition on former employees, especially using interlocutory injunctions, and will only do so in certain specific circumstances. 
 
Comments:
1. Long Time Printer says:
7 August 2024 at 3:19 PM
Even if there was a non-compete it would not be enforceable for anyone other than a senior exec. Even then it would be tough to litigate.
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