Sales rep can compete with ex-employer

|Canadian Employment Law Today

What appears to be an eminently reasonable non-competition clause can fall if any one detail seems unreasonable. This is the lesson of a recent decision of Justice Todd Archibald, of the Ontario Superior Court of Justice.

Kent Armstrong sold cardiovascular-intervention products for Medtronic. Because his job was highly specialized and required an average of seven-and-a-half months’ training, after 11 years with Medtronic Armstrong was making more than $100,000 annually.

A person of his experience and standing was particularly valuable in that the market in Ontario, where Armstrong worked, was limited to just 11 hospitals.