If you suspect that the non-solicitation or non-competition agreement you signed seems unreasonable, you are not alone – in Canada, most such agreements are unenforceable.
Courts recognize and appreciate that you deserve to earn a livelihood. The broader and more onerous the restriction on your ability to earn a livelihood, the less likely it is enforceable. Non-competition agreements, which are very broad, are only held to be enforceable in “exceptional circumstances”.
Non-solicitation and non-competition agreements will not be enforceable unless your former employer can successfully argue that the restrictions are “reasonably necessary” to protect their business. Generally, non-solicitation and non-competition clauses will only be enforceable if they are clearly limited in terms of business activities, geographic scope, and length of time.