IBM Canada Ltd v Almond, 2015 ABCA 379

The appellants appealed the chambers judge decision to dismiss their application for an interim injunction. The appellants claimed that the respondents solicited a client by submitting a bid in response to a Public Request for Proposals. The appellants claimed this was a violation of a Non-Solicitation Agreement signed by the respondent during her employment with IBM, and of her obligations as a fiduciary employee. The terms of the Non-Solicitation Agreement gave a period of one year, beginning the day the respondent resigned. Therefore, even if the appellants were successful in showing that the agreement was enforceable and that there was a breach, the Court could no longer grant the relief that the appellants requested. The Court dismissed the appeal as moot.