Confidentiality Agreements or Non-Disclosure Agreements (NDAs) are agreements used by parties to identify confidential materials or knowledge the parties wish to share with one another for certain purposes, but also wish to restrict access and maintain confidences. The use of an NDA creates a contractual relationship between the parties which the parties can use to enforce in the event there is a breach by one of the parties. NDA’s are useful in that they allow parties to exchange confidential and proprietary information or a trade secret while having an agreement in place that dictates how that confidential and proprietary information or a trade secret will be used by the receiving party. At Sodagar & Company, we provide advice as to how to strategically structure your NDA so as to ensure that the disclosure of the confidential and proprietary information or a trade secret is properly addressed.
Non-competition agreements are frequently used in the business context to restrict one party from competing with another as either part of a certain event (for example, termination of a business relationship) or as part of the business transaction (for example, as part of the sale of a business). Canadian courts tend to favour freedom of contract as between parties, so long as the terms and conditions in the non-competition agreement are reasonable. Depending on the nature of the transaction, at Sodagar & Company, we have assisted small to large organizations in utilizing various types of non-competition agreements in pursuing their objectives. Please contact us to see how we can assist your business or organization with putting in place non-competition agreements.