Zipper Transportation v. Korstrom [1997] 122 Man. R. (2d) 139 (Q.B) Facts: The plaintiff sought an interlocutory injunction to enforce a non-competition clause contained in an agreement between the plaintiff and the personal defendant Korstrom. Korstrom was an independent contractor-courier for the plaintiff who essentially got tired of being the middleman, and acquired the business of one of the plaintiff’s clients directly (despite a 12 month non-compete agreement in original contract between the plaintiff and the defendant upon termination).
Issues: Is the plaintiff entitled to an interlocutory injunction to enforce the non-competition clause with the defendant?
Holding: YES the plaintiff entitled to an interlocutory injunction to enforce the non-competition clause with the defendant.
Reasons: Applying the test as set out in Elsley v J. G Collins Insurance Agencies Limited the court held that the agreement was (1) reasonable and (2) that it would not be contrary to public interest to enforce the injunction.
Korstrom appealed to the Manitoba Court of Appeal . . .
