View cases - Stewart McKelvey

CITATION: Mason v. Chem-Trend Limited Partnership, 2011 ONCA 344DATE: 20110503DOCKET: C52707 (M39782)COURT OF APPEAL FOR ONTARIOBETWEENDoherty, Moldaver and Feldman JJ.A.Tom MasonAppellant (Applicant)2011 ONCA 344 (CanLII)andChem-Trend Limited PartnershipRespondent (Respondent)Chris G. Paliare and Richard Stephenson, for the appellantKaren Fields and Susan Crawford, for the respondentHeard: April 13, 2011On appeal from the judgment of Justice Emile Kruzick of the Superior Court of Justicedated August 26, 2010.Feldman J.A:[1] The appellant was terminated, allegedly for cause, after 17 years of employmentwith the respondent. Wrongful dismissal litigation between the parties is ongoing. Inorder to try to quickly determine whether and to what extent he was free to compete withthe respondent, the appellant brought a separate application asking the court to declarethe restrictive covenant in his employment contract unenforceable. He was unsuccessfuland appeals to this court.