I am a commission based insurance broker and the owner has advised that he has sold the business to another broker. I signed a one year non compete agreement when I started in March 2013. The broker who bought the book is offering me a similar role but they are in Markham so that is not suitable. The current owner has not stated an exact date of termination or offered anything to me. Am I entitled to any termination pay? Am I bound by the agreement when the company will no longer exist?

You are entitled to termination pay based on your age, years of service, and position - that is, the older you are, the longer you've been employed, and the more senior your position, the more termination pay you should receive.

Generally speaking, courts prefer not to enforce non-competition agreements. However, it will depend on the precise language and the scope of the non-competition agreement.

Please contact our firm for a free consultation to discuss both of these matters further.