Question
4. IT/NET Inc. v. Cameron, 2003 CanLII 10653 (ON S.C.) IT/NET Inc. did consulting work for various government departments. The practice was for such government
4. IT/NET Inc. v. Cameron, 2003 CanLII 10653 (ON S.C.)
IT/NET Inc. did consulting work for various government departments. The practice was for such
government departments to publish a request for proposals (RFP) and the consultant company would
respond by finding someone to fulfill the position and submit a proposal, including that person's
rsum. In this case Leonard Cameron was contracted by IT/NET Inc. to fulfill such a service
contract with the Department of National Defence (DND). The position was that of a UNIX system
administrator and it was extended because of DND needs. The DND wanted to extend it again, but
because of a dispute as to how long his contract with IT/NET would run, Cameron informed the
DND that he would not extend it beyond May 31. He left at that time. The DND again posted the
position to start on June 1. In the meantime, Cameron contacted FPC, a competitor of IT/NET,
allowing it to use his rsum when applying for the contract. FPC was successful, and he resumed his
position with the DND, only now working for FPC instead of IT/NET. However, his contract with
IT/NET contained a non-solicitation and a non-competition restrictive covenant. This action
was brought to determine whether these provisions were binding. Note that there was a time limit but
no geographical limitation stated. Indicate the likely outcome.
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