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Answered in 33 minutes by:
1/30/2014
VerifiedThank you for your question. My goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
So is he saying you are breaching the agreement even though he knows you are not soliciting and not competing if the clients have dismissed him?
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
So is he saying you are breaching the agreement even though he knows you are not soliciting and not competing if the clients have dismissed him?
In Alberta Courts tend to hold that 5 years is much to restrictive and not reasonable.
Generally, Courts want to balance the rights of the various parties to earn a living and compete fairly.
So Court tend to reduce 5 years to one or two years in most cases.
In your case, the facts are a bit unusual in that you can prove that you are not soliciting and also not truly competing or at least not causing the least bit of harm to this purchaser of your business as the clients that are coming to you have deserted him because of is own conduct.
So I suggest you retain a lawyer to state just this and indicate that you are not going to stop servicing these customers but are happy to have a court decide who is right if he wants to go that way.
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:
1-800-661-1095 or
403-228-1722 in Calgary
Generally, Courts want to balance the rights of the various parties to earn a living and compete fairly.
So Court tend to reduce 5 years to one or two years in most cases.
In your case, the facts are a bit unusual in that you can prove that you are not soliciting and also not truly competing or at least not causing the least bit of harm to this purchaser of your business as the clients that are coming to you have deserted him because of is own conduct.
So I suggest you retain a lawyer to state just this and indicate that you are not going to stop servicing these customers but are happy to have a court decide who is right if he wants to go that way.
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:
1-800-661-1095 or
403-228-1722 in Calgary
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