The Supreme Court of British Columbia has put an end to Vancouver-based national carrier Telus’ attempts to prevent a former executive from working at Toronto-based national telecom service provider Rogers Media.
According to an October 11th, 2018 Globe and Mail report, B.C. Supreme Court justice Robert Sewell denied Telus’ request to prevent former vice president of corporate development Dan Golberg from continuing in his current role as senior vice president of media strategy at Rogers Media.
The Globe reported that Golberg began in his role at Rogers Media in September 2018.
A B.C. Supreme Court spokesperson told MobileSyrup that Sewell delivered his decision orally — rather than in writing — and that the official transcript for Sewell’s decision has yet to be released.
According to the Globe, the case was decided based on a non-compete clause signed by Golberg when the former Telus executive took on his vice president position with the company in 2005.
Sewell reportedly said that the clause was “overly broad,” according to the Globe.
In spite of Sewell’s decision, however, the Supreme Court justice was critical of Golberg for the manner in which he asked for a severance package from Telus while negotiating the terms of his employment with Rogers Media.
According to the Globe‘s report, Sewell said Golberg owed a “fiduciary duty” to Telus and that Golberg breached this duty by not being honest with the telecom service provider about the status of his employment.
Still, Sewell didn’t state that he believed Golberg had engaged in unfair competition during the breach of his duty to Telus.
Though Sewell reportedly said that he would deny Telus’s injunction preventing Golberg from working at Rogers Media, the justice added that he would consider a new injunction from Telus preventing Golberg from revealing confidential information to his new employers.
In a statement to MobileSyrup, Telus said that it would apply for an injunction to prevent Golberg from “disclosing Telus’s confidential information to our competitor and will pursue our claim to a final determination.”
“We are pleased with the Court’s decision that Mr. Golberg has indeed breached his fiduciary duty to Telus,” said Telus, in a statement to MobileSyrup.
In contrast to Telus, Rogers Media welcomed Sewell’s decision on the matter.
“We are pleased the application was dismissed and welcome Dan to Rogers Media,” said Rick Brace, president of Rogers Media in a statement to MobileSyrup.
“Dan will help to drive growth and strengthen our media business and sports offerings, and we have clear protocols in place to ensure he meets his obligations to his former employer.”
Rick Brace added that “[Golberg] has no concerns if Telus seeks a court order requiring him to keep Telus information confidential as he is doing this anyway and is consistent with protocols in place to ensure he meets his obligations to his former employer.”
Update 12/10/2018 6:35pm ET: Story updated to clarify that Golberg took a position with Rogers Media.
Source: The Globe and Mail