SCENARIO 2 Booker Mann is the Chief Logistics Officer for Consolidated Waste Systems Ltd. ("CWS Ltd."), the largest waste management company in the Lower Mainland of British Columbia. Booker graduated at the top of his class in Douglas College's BBA program and spent ten (10) years in Toronto honing his skills as an operations manager with a specialty in logistics planning. Two years ago, Booker was recruited to join CWS Ltd. for a starting salary of $280,000 plus benefits. During the series of interviews for the job, Booker really believed that this was the company for him and loved the company's slogan that "trash is cash". CWS Ltd. is based in Burnaby, British Columbia and has waste disposal contracts in every community of Metro Vancouver from West Vancouver to the west all the way out to Abbotsford in the east. Its market share in this region is a healthy 30% with the other 65% split between its three major competitors, Vancouver Waste Disposal Ltd., Fraser Valley Waste Management Ltd. and Mountain View Waste Industries Inc. The remaining 5% of the region's market share is split between a few very small players in the industry. During the hiring process two years ago, CWS Ltd. presented Booker with an employment contract and asked him to review it (with a lawyer, if necessary) and agree to all the terms and conditions before signing the document. Booker remembered from his business law class that if he signed a written contract then he would be bound to it even if he did not read it or understand it. Most of the terms of the contract were very standard and reflected all the discussions they had during the hiring negotiations but Clause 18 of the agreement raised some concerns for Booker. The company said it required the clause in the contract because Booker, as a senior member of the management team, would be in charge of sensitive company information regarding the company finances and operations. Clause 18 of the employment contract reads: "Booker Mann agrees that he shall not work for Vancouver Waste Disposal Ltd., Fraser Valley Waste Management Ltd., or Mountain View Waste Industries Inc. in the Lower Mainland region of British Columbia for a period of eighteen (18) months after leaving the employment of Consolidated Waste Systems Ltd." Over the past six (6) months, Booker has had personality differences with other members of CWS Ltd.'s senior management and decides to leave his position to join Fraser Valley Waste Management Ltd. He begins work with his new company two (2) weeks after leaving CWS Ltd. 4 Discuss whether CWS Ltd will be able to enforce Clause 18 of the contract against Booker and, if so, what kind of remedy it will seek against him. In your answer: i) identify the main legal issue; ii) discuss the relevant legal principles; iii) relate the legal principles to the facts of the situation; and iv) provide a conclusion.