Question 1

Are non-solicitation agreements enforceable in Canada?

Accepted Answer

Yes, unlike non-compete agreements (banned in Ontario for most employees), non-solicitation agreements are generally enforceable across Canada if they are reasonable in scope, duration, and geography.

Question 2

What makes a non-solicitation agreement reasonable?

Accepted Answer

Canadian courts consider whether the restriction is reasonable in duration (typically 1-2 years), geographic scope, and the types of clients or employees covered. The restriction must protect a legitimate business interest.

Question 3

Do I need a non-solicitation agreement in addition to an NDA?

Accepted Answer

Yes, an NDA protects confidential information, while a non-solicitation agreement specifically prevents soliciting clients, customers, or employees. They serve different purposes and are often used together.

Frequently Asked Questions