Can a court imply a term in the nature of a non-competition clause?

Ontario, Canada


The following excerpt is from 2235347 Ontario Inc. v Holdaway, 2018 CanLII 99165 (ON SCSM):

16. I reject the plaintiff’s submission that the court should imply a term in the nature of a non-competition clause. If the plaintiff wanted such a clause, it ought to have bargained for one. If the court were to imply such a term here, then such a term could be viewed as a standard term at common law, which would in my view represent a significant and unjustified interference with freedom of contract. The limited circumstances in which contractual terms may be implied were recently reviewed by Justice Broad in Ivic v. Lakovic, [2018] O.J. No. 3623 (S.C.J.), at para. 15.

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