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In September 2017, Zhao informed Benson Min Hung Wang, the owner of Quick Pass, that he intended to quit working for the company and planned to open his own school, which would compete directly with Quick Pass.

Zhao opened his business on Nov. 1, 2017, the day after he terminated his contracts, and advertised on WeChat, a social media platform that is popular in the Chinese community. The Zhao School opened in Burnaby, a city named in the non-competition clause of the contract.

After the new school opened, Wang claimed that Quick Pass experienced a noticeable decline in the number of its clients and said he was aware that some former Quick Pass clients had switched over to the Zhao school.

In the court ruling, the judge decided against granting an order that would prohibit Zhao from soliciting students from Quick Pass but ordered an “interlocutory” injunction against him from competing with his former company.

“Turning first to the non-competition clause, I find that in the circumstances, the balance of convenience favours Quick Pass,” said the judge.

“Quick Pass’s claim is relatively strong, and if it succeeds, damages will be hard to quantify. Granting the injunction will only require Mr. Zhao to relocate his school to accord with the contracts he signed.”

The injunction prevents Zhao from competing with the plaintiff in any aspect of the business of providing real estate training anywhere in Vancouver, Burnaby and Richmond until April 30, 2019, or until the trial.

kfraser@postmedia.com

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