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rights of the former employer. The kind of restrictions or limitations the courts used to accept as necessary to protect the integrity of the business are narrowing.When a court considers non solicitation clauses, it will not correct deficiencies in the wording. If it is found to be restrictive in one particular aspect, they will deem the entire section to be inoperable.Two recent decisions of the Ontario Superior Court and the Ontario Court of Appeal indicate that employers are held to a high standard of reasonableness when restricting the future earning potential of former employees.Often geographical restrictions are too broad. The courts prefer limitations on solicitation of those who that particular employee specifically dealt with or knew of, rather than on all current and prospective clients of the business.This was the case in a decision called IT/NET Inc versus Cameron, in which a sub contractor signed a non solicitation agreement which prevented him from soliciting clients not only at his job site, but in other locations within the company. The clause would have applied whether the contractor knew his target was an IT/Net client or not, and it had no spatial limit, so would apply anywhere in Canada.The court found it was unreasonable to require such a covenant between the two parties, and that IT/Net did not require that kind of protection.In Trapeze Software Inc. versus Bryans, the court considered the grounds on which a covenant has to be reasonable.They include: that the employer actually had a proprietary interest to be protected, that the limitations on geographic work zones, or the