In Catch Engineering Services Partnership v Mai, 2023 ABKB 279 (Armstrong), Justice Armstrong of the Alberta Court of King's Bench considered whether a former employee had breached his non-solicitation agreement, breached his obligations of confidentiality, breached the duty of good faith owed to his employer, and breached any fiduciary obligations to his employer when he left his employment and then joined another company in order to perform services to one of his former employer's clients, CNRL.
The employer, Catch Engineering, had a contract with CNRL to provide engineers on various projects to CNRL in 2019. The employee, Mr. Mai, was hired by Catch specifically to perform contract services to CNRL in the role of Smart Plant Electrical ("SPEL") Administrator, and this was disclosed to Mr. Mai prior to him signing his offer letter.
His offer letter from Catch contained a confidentiality clause. He was subsequently provided with a non-solicitation agreement that also contained a confidentiality clause and that prevented Mr. Mai from soliciting any customers of Catch 12 months. The clause stated:
During the term of this Agreement and for a period of twelve (12) months from the effective date of termination of employment, either by the Employee or CEP [Catch], the Employee shall not:
(a) intentionally act in any manner that is detrimental to the relations between CEP and CEP's clients, suppliers, contractors, employees or others; and
(b) Directly or indirectly...
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