King & Wood Mallesons

Asia-Pacific 100 position: 3

Joining a competitor? The potential consequences of insurance brokers soliciting their former clients

The recent Canadian case of Gentech Insurance Ltd v Martina (2012) ONCA 605 highlights the importance of using restrictive covenants in employee contracts and the potential causes of action available if such provisions are unenforceable. It also indicates that an insurance broker may be liable for taking clients to a new employer, even if they are not subject to a non-competition or non-solicitation clause…

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