Does the strong prima facie case test apply to a restrictive covenant affecting employment?
Alberta, Canada
The following excerpt is from Gold In the Net Hockey School Inc. v. Netpower Inc., 2007 ABQB 520 (CanLII):
In Enerflex v. Lynn, 2005 ABCA 62 the Alberta Court of Appeal per Picard J.A. stated at para. 8 that a lower court did not make an error of law: in choosing and applying the strong prima facie case test instead of the serious issue to be tried test... there is a great deal of authority for the former test in cases such as this when a restrictive covenant affecting employment is the central issue.
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