A brokerage firm in a niche insurance market containing only 4 underwriters sued to prevent a senior official in charge of business development from moving to a competitor. To get the injunction it wanted, the firm had to persuade the court, among other things, that the non-solicitation clause in her employment offer letter was actually enforceable. And that’s a tough task. Judges hate non-solicitation, non-compete and other “restrictive covenants” and don’t enforce them unless the employer can prove they’re reasonable. The firm in this case couldn’t get over that hump so the court nixed the injunction. The firm appealed but the Sask. Court of Appeal said the lower court’s ruling was reasonable. The good news for the firm is that the ruling didn’t go to the merits of the claim. Translation: The firm would still get a shot to prove its claims at trial; it just couldn’t enjoin the official from hooking up with the competitor unless and until it won the case [Knight Archer Insurance Ltd. v Dressler, 2019 SKCA 34 (CanLII), April 12, 2019].