Ubisoft Scores Another Win In High Profile Non-compete Case

Video Game Law Blog

May 18, 2006

After having succeeded earlier this month in obtaining a provisional injunction against former Ubisoft Montreal head Martin Tremblay (reported here ), now President of Worldwide Studios at Vivendi Games, Ubisoft has now succeeded in obtaining a safeguard order valid until June 7, 2006.

The Superior Court ruling, issued by the Honourable Justice Hélène Langlois, orders Martin Tremblay to "respect the contractual obligations included in the employment contract he signed with Ubisoft", in a specific attempt to enforce the non-compete clause which has been a source of major controversy in Montreal gaming circles of late.

The safeguard order stipulates that Martin Tremblay must "…cease immediately working, directly or indirectly, within the territories of Canada, the United States and Mexico, for his own behalf or on behalf of any third party, in any business which manufactures or commercializes video products that may compete with products sold, manufactured or developed by applicant Ubisoft."

Justice Langlois rejected Tremblay's allegations that he was the object of a "constructive dismissal". In her judgement, she stated that "…it doesn't appear from the proof that Martin Tremblay was the object of a constructive dismissal and consequently the non-compete clause produces all its effect. In this respect Ubisoft's right appears to be clear."

Coverage at http://www.shorl.com/dakevosystistu