An employee (“Baxandall”) of R.J.V. Gas Field Services Ltd., resigned his employment and went into the same business as his former employer, the manufacturer of polyurethane panels. R.J.V. moved for an interlocutory injunction to prevent Baxandall from soliciting or selling to the customers of R.J.V., and the application was granted by the chambers judge. At a later hearing, the chambers judge modified the injunction, deciding to allow Baxandall to sell to the customers of R.J.V. but continuing to block him from canvassing or soliciting those customers, pending the trial of the action. Baxandall and his new company successfully appealed the original Order with the Court of Appeal ordering that the injunction be vacated.
Administrative law – Employment law – Post employment obligations – Restraint of trade – Remedies – Injunctions – Judicial review – Standard of review – Correctness R.J.V. Gas Field Services Ltd. v. Baxandall, [2003] A.J. No. 731, Alberta Court of Appeal, June 5, 2003, Russell and Wittmann J.J.A. and Smith J. (ad hoc) In granting the original ...