Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant?
Alberta, Canada
The following excerpt is from Cumbria Engineering Ltd v Capital Power Corporation, 2016 ABQB 57 (CanLII):
I also find support for my view that “something more” than a general advertisement is needed to constitute a breach of a non-solicitation covenant in the opinion of Lamer C.J.C. in Committee for the Commonwealth of Canada v. Canada, 1991 CanLII 119 (SCC), [1991] 1 S.C.R. 139 … [where the Chief Justice stated that] it can be seen that the word "sollicitation" necessarily implies a request or invitation. It in fact refers to conduct for the purpose of inciting someone to do something, characterized by some pressing request, commercial or otherwise, in nature.
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