Employment Termination Agreement and Restraint of Trade

Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97 concerns a form of post-employment non-competition agreement. These types of agreements being in the nature of a restraint on trade must be reasonable. Courts will hold overbroad conditions unenforceable. Be careful with restrictions you place on the departing employee’s ability to work. If the area that […]

Nuisance Claim Statutory Authority Defence

2013 BCSC 1224 Vancouver City v. Robinson concerns damage caused by diesel exhaust from equipment operated by The City of Vancouver. The case deals with the law of nuisance and the City’s defence of statutory authorization. This basic defence says that if the act is authorized by statute then inevitable consequences from that act are […]

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