LOLG Obtained An Injunction On Behalf Of A Large IT Services Company

Paul Fruitman and Daniel Naymark obtained an injunction on behalf of an IT services company preventing unfair competition by a group of employees who left to work for a competitor.  Among the employees was the former owner of the IT services company, who had become its general manager after selling it. 

 The ruling, by Justice Carole Brown of the Ontario Superior Court of Justice, clarified important aspects of the law on injunctions for enforcement of restrictive covenants, including the required clarity of covenants and the test(s) those seeking to enforce restrictive covenants must meet. 

 Mr. Fruitman and Mr. Naymark produced the results of a forensic investigation showing the defendants had taken the IT company's confidential information and had, in the face of the motion, modified hard drives used to take this information.  As a result, the Court also made an order allowing the IT company's expert to enter the defendants' premises and make forensic copies of their computer systems.