The Ontario Court of Appeal's decision in Lyons v. Multari [1] has reconfirmed the notion that an employer has an uphill battle in enforcing a non-competition clause in an employment agreement. MacPherson J.A., writing for the Court, reiterated that generally a non-solicitation clause will provide adequate protection for an employer, and only in exceptional cases will the nature of the employment justify a non-competition clause. The Court sought to strike a balance between the freedom of contract and the public policy importance of discouraging contracts that restrict competition. In doing so, the Court once again warned employers that when drafting restrictive covenants, they should take only what they need.

Many websites have Terms of Use agreements that set out the terms and conditions for using the website. These agreements can be an effective tool in limiting a website owner's potential liability.