|Non-Solicitation. The Employee agrees . . . not [to] solicit during his/her employment with the Employer and for the period ending two (2) years after the termination of his/her employment, regardless of how that termination should occur, within the geographic area within which s/he provided services to the Employer.
“Solicit” means: to solicit, or attempt to solicit, the business of any client, or prospective client, of the Employer who was serviced or solicited by the Employee during his/her employment with the Employee.
A pair of financial advisors claimed the above restriction wasn’t enforceable because it didn’t specifically define geographic scope, time of duration or application to prospective clients. But the court found the language unambiguous and that enforcing it was reasonable as a matter of public interest. The advisors appealed but the Ontario high court found no reason to overturn the trial court’s ruling [MD Physician Services Inc. v. Wisniewski, 2018 ONCA 440 (CanLII), May 9, 2018].