Are Non-Compete and Non-Solicitation Clauses Enforceable in British Columbia?

Restrictive covenants, such as non-compete and non-solicitation clauses, are common in employment contracts, particularly for senior and executive roles. However, in British Columbia, these clauses will often be unenforceable unless they are carefully drafted. Courts are increasingly reluctant to limit an individual’s ability to work, meaning employers must demonstrate that any restriction is necessary to protect legitimate business interests and that it minimally impairs the employee’s freedom. This often requires clear limits on scope, duration, and geographic reach.

In this video, lawyer Scott Dallen explains how restrictive covenants work, why many fail, and what employers should consider.