Enerflex Systems Ltd. v Lynn, 2005 ABCA 62

The Appellant, Enerflex, sued the Respondent, Lynn, for the breach of a restrictive covenant in a written employment contract that he had entered into with JIRO Compression Ltd., whose assets Enerflex subsequently acquired. Lynn, an accountant, resigned from his employment with Enerflex and took a position with a competitor. Enerflex applied for an interim injunction to prevent Lynn from working for the competitor, from using confidential information and from dealing with customers. The chambers judge refused to grant an injunction. Enerflex appealed that decision, but the appeal was dismissed on the grounds that the chambers judge's view of the facts were reasonable, that there was no error of law in applying two branches of an applicable test, and she carefully reviewed the evidence before her.