CONTRACT OF EMPLOYMENT - Breach - Express terms - Restrictive covenants

Law360 Canada (July 4, 2023, 5:38 AM EDT) -- Action by Catch Engineering Partnership (Catch) against Binh Mai for damages suffered arising from the loss of the engagement arrangement with Canadian Natural Resources Limited (CNRL). Mai was employed by Catch. During his employment, Mai was assigned to provide engineering services to Catch’s client, CNRL. Mai provided services to CNRL on behalf of Catch. Mai entered into two agreements with Catch relating to his employment. The first agreement consisted of the terms and conditions relating to Mai’s employment with Catch. The second agreement was the Confidentiality Agreement referred to in the offer letter. The Confidentiality Agreement contained a non-solicitation covenant. Immediately following the termination of his employment with Catch, Mai went to work for CNRL. Upon Mai going to work for CNRL, CNRL terminated its engagement agreement with Catch. Catch alleged that Mai breached the terms of his employment agreement by utilizing confidential information belonging to Catch for his own gain and that Mai solicited the business of CNRL in violation of the non-solicitation covenant in the Confidentiality Agreement that he signed. Because of the breaches committed by Mai, Catch alleged that it had suffered damages arising from the loss of the engagement with CNRL. Mai alleged that he did not breach any of those covenants as CNRL approached him to continue working for them. Mai denied that Catch suffered any damages....
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