Plaintiff
Defendant
In the case of Diamond Delivery Inc. v Calder dated February 9, 2023, the plaintiffs, Diamond Delivery Inc. and DIA Employees Ltd., sought an interlocutory injunction, alleging that the defendant Leslie Calder had violated a non-competition agreement he had agreed to when he sold his business. However, the respondents, Leslie and Pam Calder, argued that the agreement could not be enforced. They claimed that the agreement had been tied to Mr. Calder's employment, which had ended when the business changed ownership, and that the plaintiffs were not signatories to the agreement, rendering it essentially void. The court concluded that the plaintiffs had met the requirements for obtaining an interlocutory injunction. They had a strong prima facie case, had suffered irreparable harm due to Mr. Calder's departure, and the balance of convenience favored the plaintiffs. Therefore, an interlocutory injunction was ordered. The injunction restrained Leslie and Pamela Calder from engaging in any competing activities or financial involvement within 100km of a specific location for a period of five years. The defendants West Coast Cartage Co. Ltd. and Judge Trucking & Imports Inc. were also included in the injunction. The court noted that the plaintiffs' alternative argument regarding Mr. Calder's fiduciary duties and unfair competition had been unnecessary to consider in light of the granted injunction. No specific information regarding a financial award was provided in the case.
Court
Supreme Court of British ColumbiaCase Number
S228772Practice Area
Labour lawAmount
Winner
PlaintiffTrial Start Date
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