In a motion brought on behalf of the plaintiffs, our firm was successful in obtaining injunctive relief against the defendants to enforce a non-competition clause. The parties had executed a contract which provided that the defendants were to assign certain dealer/distribution agreements with respect to a unique industrial cleaning machine to the plaintiffs in exchange for an eventual payment of $2,000,000. The contract contained a non-competition clause in favour of the plaintiffs. After signing the contract, the defendants continued to use and market the machines. The motions judge found that, given the unique nature of these machines, the plaintiffs would suffer irreparable harm if the injunction was not granted as the loss of the exclusive opportunity to market and distribute the machines was not easily calculable. Further, the motions judge found that the balance of convenience favoured the plaintiffs as any harm suffered by the defendants was fully compensable.

The decision can be found below:

Tornado ACS Canada et al v. Living Water et al, 2010 ONSC 3001
http://www.canlii.org/en/on/onsc/doc/2010/2010onsc3001/2010onsc3001.html