Non-compete in old contract, but not in current one — can he start a competing business? (Ontario)
No non-compete in his current contract, but there was one years ago under a different (permanent) contract with the same employer. Can he legally start a competing business?
Ontario (Haliburton area). My husband works as a pest control technician. He was full-time/permanent for about 10 years, and that contract included a non-compete clause. A few years ago his role changed to seasonal (May–October), and he now signs a brand new contract every spring. I’ve gone through this year’s contract carefully — there is no non-compete clause in it.
We’re planning to start our own pest control business, with a target launch next spring.
**1.** Since he now signs a fresh contract each year, does the current contract (with no non-compete) fully replace/override the old one from his permanent years? Or could the old clause still be argued to apply somehow?
**2.** Even with no written non-compete, are there implied duties under Ontario common law (confidentiality, non-solicitation of his current employer’s clients, etc.) we need to worry about?
**3.** Is it fine to do “setup” work now while he’s still employed — business registration, getting our own insurance, lining up suppliers — as long as we’re not soliciting his current employer’s clients or using their confidential info? Or does even quiet prep work create risk while he’s still under contract?
**4.** I know Ontario’s *Working for Workers Act, 2021* bans non-competes for most employees anyway — does that make this even more straightforward, or does it not really apply here?
Any input from employment lawyers, paralegals, or people who’ve been through something similar would be appreciated. We’re planning to get a paid consult too, just trying to get informed before spending money on that.