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7/31/2010
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debra thal :
Was there any non-competition agreement?
Are you saying he used confidential information?
Customer:
Debra! hi and thanks for answering so fast. No, no non-competition as he was Broker Manager and no participation in the actual company but was front and centre with my Broker of Record for nearly 3 months assisting in the negotiations with his Broker of Record. In acuality,he must have taken employee records with him as the phone/email lists were published regularly. Note that many of the Agents,historically will publish their phone numbers on their Web pages, but he would have had access to all of their "contractual" agreements or records. Since I was once an employee/Broker Manager with that same Brokerage it would have been very simple for me to access these records when I left the Brokerage in February of 2009, when he took over with the Broker of Record's daughter.
debra thal :
If he used confidential information then he can most assuredly be sued successfully.
But, you cannot just assume that he's done this. You would need proof which is not likely so easily obtained.
But, if you can prove it then you could likely succeed both in getting an injunction and getting damages as you will clearly sustain them.
Customer:
Debra. no non competition agreement . he was an employee and would have had access to the records the same way I would have had ( i was in the employ of same Brokerage for a little over a year when he took over. He was major instrumental in negotiations with his Broker of Record for over 3months. when we held a Meger Meeting, he said he was taking the Summer off and next thing we know, he was at our Major Competitor who just opened near our 6000 sq ft facility. His knowledge of the Agents records and payment plans would have been most easly for him to take. His aggersive actions have caused us to lose a great number of Agents to his new Brokerage. Enticements aside, we feel that there has to be some facet of the Competition Act that would allow us to issue an injunction or even sue him for unfair Business Practices. your reply is awaited
debra thal :
Did you miss my answer?
Customer:
we could most definitely prove it as his past Employer is livid over his actions and has been very instrumental in talking to Agents who are being enticed to come over to his offices. She would be naturallly as the reduction of Agents we were to take over has been diminshed subsantially and she would be concerned we would be able to pay her out in respect the contract agreed to.
debra thal :
Then you are in good shape to get the injunction.
I suggest that you consult with a local lawyer who does litigation rather than your in house counsel.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
The number is:
1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
Customer:
Thank you very much. is there a site under the Competition Act or Fair Business Practices Act that would assist me in my research? Thanks again.
debra thal :
I am sorry. I didn't see your last post for some reason.
There is no specific Act that applies. This is based on common law principles.
Let me know if there are any follow-up questions.
debra thal :
If not please click accept so that I can receive credit for providing you with this information.
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