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7/16/2013
VerifiedIn Quebec, if an employee is terminated "without a serious reason", then the non-competition clause is not enforceable. As such, if you were in fact dismissed without just cause, then the restrictive covenant preventing you from working with other companies would be unenforceable.
Even if the company argues there was just cause for your termination, case law- and the Civil Code in Quebec- provides that generally non-competition clauses are restraints on trade and will only be enforced if they are reasonable and not contrary to public interest. In this case, it seems as though the provision prevents you from working at all and precludes competition in general, would would suggest it is unenforceable. For more info on the case law, see http://www.mcmillan.ca/Files/142909_restrictive%20covenants.pdf.
In any event, I think the strongest point, especially given that you are in Quebec, would be that your without-cause dismissal renders the non-competition clause unenforceable. In other words, if they tried to sue you for breaching it by working with this other company, they should fail in such lawsuit.
Hopefully that is of assistance.
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