Whether commercial non competition clause can validly provide for term that is uncertain, indefinite and indeterminable at time it is entered into — Whether commercial non competition clause can validly contain term whose expiry depends exclusively and unilaterally on potential decision by creditor benefiting from non competition — Whether commercial non competition clause in real estate context can validly have same effects and attributes as servitude of non competition, such as potentially perpetual effect and transferability from owner to owner, even though servitudes of non competition are unlawful in Quebec civil law — Whether Court of Appeal erred in holding that non competition clause in issue regarding food products was reasonable and not contrary to public order, since term of clause considered valid by Supreme Court. — dismissed 02/11/2021 — Supreme Advocacy acted as agent for the Applicant.

Read the lower court decision from the QCCA here.