What is the test for obtaining an interlocutory injunction on the basis of a restrictive covenant in an employment agreement?

British Columbia, Canada


The following excerpt is from ADP Distributors Inc. v Davidson, 2019 BCSC 219 (CanLII):

Where a plaintiff seeks an interlocutory injunction on the basis of a restrictive covenant in an employment agreement, and the injunction would inhibit the ability of the defendant to earn a living, the plaintiff must establish a strong prima facie case: Ipsos S.A. et al v. Angus Reid et al, 2005 BCSC 1114 [Ipsos] at para. 69.

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