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Approximately 180 pages
1 volume bound

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HR Manager's Guide to Non-Competition and Non-Solicitation Agreements, Second Edition
By: Adrian Miedema, B.Math, LL.B., Andy Pushalik, B.B.A., LL.B., LL.M., Saba Zia, B.Comm., J.D.
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A practical guide to preparing and enforcing non-competition and non-solicitation agreements

. The second edition of HR Manager's Guide to Non-Competition and Non-Solicitation Agreements contains numerous updates based on important court decisions rendered since the first edition. It also contains a significant number of new case summaries for the convenience of readers. Since the first edition, the Supreme Court of Canada has held that, in general, courts will not "fix" or rewrite unreasonable restrictive covenants. As a result, it is more important than ever to ensure that restrictive covenants are drafted carefully and are not overreaching. Citing numerous other new decisions, the authors provide additional insights for employers, human resources professionals and lawyers when drafting non-competition and non-solicitation agreements and provide tips on how to effectively manage disputes arising out of those agreements. The purpose of this book is to assist human resources professionals:
  • To decide whether they need to use non-competition or non-solicitation agreements;
  • If so, how should such agreements be drafted to maximize the probability that they will be enforceable; what steps can be taken, before and after signing, to maximize the probability that such agreements will be enforceable, and
  • How should the employer respond to an employee who begins competing while still employed with the employer?
About the Author
Adrian Miedema is a partner in the Toronto Employment Group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health & safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts. He is the co-author of HR Manager's Guide to Background Checks and Pre-Employment Testing (2nd Ed.).
Andy Pushalik, B.B.A., LL.B., LL.M., is an associate with Dentons Canada LLP in Toronto. He advises public and private sector employers on a wide variety of issues including employee hirings and terminations, human rights, occupational health and safety, privacy, social media, employment standards and labour relations. He regularly acts for employers in all aspects of employment related litigation, including wrongful dismissal matters, and has appeared as counsel before a number of administrative tribunals, including the Human Rights Tribunal of Ontario and the Ontario Labour Relations Board. He holds degrees from Wilfrid Laurier University (B.B.A.), the University of Windsor (LL.B.) and the University of Cambridge (LL.M.).
Saba Zia, B.Comm., J.D., is an associate with Dentons Canada LLP in Toronto. She practices in all areas of employment and labour law and has advised on a wide range of issues including, employee hirings, employment agreements, workplace policies, privacy matters, human rights issues, discipline and termination. Saba also has experience with wrongful dismissal litigation, Occupational Health and Safety Act charges, Workplace Safety and Insurance Board appeals, employment standards complaints, human rights applications and labour arbitrations. She studied at the University of Toronto obtaining a Bachelor of Commerce degree and later obtained her law degree from Osgoode Hall Law School. Saba has completed secondments with the in-house legal departments of Cancer Care Ontario, RBC Wealth Management and Samsung Electronics Canada.