Distinction between a non-disclosure of confidential information clause and a non-competition clause

Release date: November 1st, 2011

The employer went to Court in order to obtain an interlocutory injunction against an ex-sales representative using his client list with his new employer. At the time of hiring, this employee had signed a non-competition and non-disclosure covenant with respect to confidential information for one year over the entire Quebec territory. According to the judge, this covenant is reasonable with respect to its duration. However it appears clearly disproportionate in terms of the geographic extent of the protection thus granted, considering the conditions stated in section 2089 C.C.Q. However, these conditions do not apply to the non-disclosure of confidential information clause. For this reason, the order of injunction is granted and the defendant must cease to use the employer’s client list. Automatisation JRT Inc. v. Gagné, 2010EXPT-1489, DTE 2010T-418 (C.S.) Justice Normand Gosselin


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