Non-competition clauses have recently come under fire, as some Canadian courts and legislatures have rebuffed their application to independent contractors and employees. Courts are generally cautious about enforcing these types of clauses because they are seen as a restraint on trade. Further, given the power imbalance inherent in employment and contractor relationships, non-competition clauses are
New legislation in Ontario introduces a first-in-Canada requirement for employers to prepare “disconnect from work” policies for their employees. It also creates a novel prohibition on non-competition provisions in employment agreements.
On December 2, 2021 Bill 27, Working for Workers Act, 2021, (“Bill 27”) received royal assent, passing into law several amendments
The law
Under French employment law, it is possible for an employer to subject the employee to a non-compete obligation after the termination of his/her employment as long as such obligation is necessary to protect the legitimate interests of the business, is limited in terms of time and geographical scope and takes into account the
The legal context
It is quite common for employers to include in an employment contract the possibility of unilateral waiver of the application of a non-compete obligation at the end of the employment relationship. French case law does permit such flexibility but only provided that (i) such waiver is expressly stipulated in the employment contract