Mary is an exceptionally talented hairdresser who owns a salon in Kelowna. She has a large following on Instagram and, several celebrity clients. After the birth of her third child, she decides that business ownership is too much for her and that she is ready to sell her salon. After spreading the word with family and friends that she is ready to sell, Mary receives an offer from Norm, a family acquaintance, to purchase the salon. Norm is new to hairdressing, but he has owned other businesses before. Mary and Norm eventually agree on a fair price. As Mary considers herself a savvy businesswoman, she chooses to proceed without a lawyer. When the time comes to sign the sales contract, Mary notices a clause stating that she could not offer hairdressing services, or open any business related to hairdressing, anywhere in Kelowna for a period of 36 months. Not thinking too much of it, she goes ahead and signs the contract. Six months later, Mary's clientele is clamoring for her to get back to work. They miss her desperately. Mary decides to start doing hair from her home in Kelowna, only a few clients a week. Of course, as the word spreads on Instagram that she is back, more and more of her clients are requesting to see her. Eventually, Norm comes to find out that Mary is back doing hair and seeing her old clients. He is furious and wants Mary to stop stealing his clients. He is considering suing her if she does not stop.

1. What is the main legal issue in this case (2 marks)
2. What is the legal test that would be used by a court in deciding that legal issue? (1 mark)
3. an argument for the plaintiff. (1 mark)
4. an argument for the defendant (1 mark)