In what circumstances will a covenant in restraint trade be unenforceable?
Ontario, Canada
The following excerpt is from Martin v. ConCreate USL Limited Partnership, 2012 ONSC 1840 (CanLII):
In contrast, Steele v. Ingram, [2009] O.J. No. 3665 (S.C.J.) is an example where the expectations of the parties about the future territory for the business was unreasonable and the covenant in restraint of trade was held to be wider than necessary and hence unreasonable and unenforceable.
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