Chatters Limited Partnership v Chatters Deerfoot Meadows Limited, 2025 ABKB 536
2025-09-17
Read full decision. Summary prepared by Alan Macek:
Chatters applies for an interlocutory injunction restraining the defendants Chatters Deerfoot Meadows Limited from owning, maintaining, operating, engaging in or having any interest in any business the same or similar to or directly competitive with the Chatters “Deerfoot Meadows” salon ... as per a Franchise Agreement between Chatters, CDML and Larko. ... For the reasons set out below, the Application for the Injunction is dismissed. ... Accordingly, I find that Chatters has not established it has a legitimate or proprietary interest to protect through the Non-Compete Clause. It appears that what Chatters really wants to do is simply to restrain competition for hair services and sale of retail hair products in an area it has no current interest in, not to protect the DM Salon but to protect other existing or future Chatters salons. ... With respect to damage to Chatters’ trademarks, reputation and goodwill in the marketplace, there is no evidence that it will suffer irreparable harm if White Rabbit is not enjoined. As noted earlier, White Rabbit’s premises, brand and design is very distinct from Chatters.