Author: Caitlin Milne

A well-drafted restrictive covenant can protect the beneficiary from its counterparty’s use of information and connections, but a poorly drafted restricted covenant can result in unenforceability and uncertainty. This paper explores the background of restrictive covenants, canvasses the types of restrictive covenants common in commercial transactions, and provides guidance from case law to effectively draft restrictive covenants and achieve clear and enforceable provisions.

This paper is part of a collection presented at LESA’s Commercial Contract Teardown program in Edmonton on December 11, 2024.