Plester v. PolyOne Canada Inc., 2013 ONCA 47 (CanLII), released January 28, 2013, demonstrates that even in circumstances of serious misconduct, summary dismissal of an employee may not be warranted. The Court of Appeal decision affirms, in part, Justice Wein’s decision in Plester v. Polyone Canada Inc., 2011 ONSC 6068 (CanLII). By way of background,...Continue Reading

An Alberta Court of Appeal decision has confirmed the obligations of fiduciary employees who leave their former employer and solicit their clients – even indirectly – away. Richard Evans, a sport agent who worked for 6 years with The Sports Corporation (“TSC”) signed a non-solicitation agreement which was ultimately determined to be unenforceable by the...Continue Reading