Pam is a graduate of the MacEwan University accounting program. She is $25$ years old and lives in Stony Plain, Alberta. Stony Plain is a bedroom community for Alberta$$s capital city, Edmonton. It is approximately $20$ minutes west of Edmonton, and its population is approximately $15,000.$ Edmonton is a city of approximately $750,000($excluding surrounding areas$).$

Pam was very pleased to obtain employment with Acme Accounting in Stony Plain after graduation. Acme is the only accounting firm in town and operates a full$-$service, general accounting practice. Clients include everyone from individuals, businesses, and even the municipal government. Upon accepting employment with Acme, she was asked to sign a contract with the following provisions:

If the employee leaves the employ of Acme at any time, the employee agrees:

not to set up any business in competition with Acme within a $10-$km$.$ radius of Acme$$s offices

Not to solicit any of Acme$$s clients

This clause shall survive the termination of the employment relationship for a period of three years.

After two years, however, Pam became dissatisfied working for Acme. The partners were impossible to please$$and cheap to boot. When they hired her, one of the Acme partners had assured her that there would be performance bonuses and regular raises. However, these promises did not appear in Pam$$s employment contract, and she never received any bonuses or raises during her time of employment.

Pam quit and started up her own small business, servicing Stony Plain, the nearby community of Spruce Grove, and west Edmonton. She makes house calls to seniors to help them with accounting and financial matters. The bulk of her business is completing annual income tax returns and dealing with estate matters. Because Pam had a good rapport with clients, many of Acme$$s clients have now become Pam$$s clients.

Acme is outraged that Pam is operating in Stony Plain and claims she is stealing clients. They think they would have a good chance of winning a lawsuit against her.

If your birthday falls in the months of January$$June$,$ take the side of Acme Accounting, and explain why they have a case against Pam.

If your birthday falls in the months of July$$December$,$ take Pam$$s side and provide a reasonable defence that what she is doing doesn$$t violate her contractual obligations.

Post your arguments in point form so that others can clearly follow your arguments. Both sides should pay special attention to the definition of $$solicit$,$ the reasonableness of the $10$km radius restriction, and the reasonableness of a $3$ year restriction from the time of termination.

Note: Make sure to review the other students$$ postings, especially those who have posted the other position.