BlackBerry’s SVP of Software, Sebastien Marineau-Mes, is leaving the company for its evil fruit competitor — Apple. That’s at least what Marineau-Mes is trying to do, but has currently been blocked due to his contract.

Rulings from the Ontario Superior Court of Justice document, shows Marineau-Mes started discussing his departure by September 2013. BlackBerry then offered him the position of Vice President of Core OS in December.

Marineau-Mes accepted the new role, but later gave a written resignation advising he’d likely be leaving for Apple within two months. This is when Marineau-Mes vs BlackBerry Limited began the legal dispute since Marineau-Mes was required to give a six month resignation notice.

The court agreed with BlackBerry that Marineau-Mes should adhere to his six month notice obligation. BlackBerry gave the following statement on the matter:

[quote_box_center]”BlackBerry will not stand by while a former employee violates his employment contract. It is unfortunate that we had to take this step, but we will do whatever is necessary to ensure that employees honor the agreements they make with us. When we enter into an agreement with an employee, as we have with Mr. Marineau, we expect him to honor his commitment just as he would expect that we will honor ours. We are pleased that the court has endorsed our position and ruled that the employee contract and its terms are valid.”[/quote_box_center]

Marineau-Mes began his career with BlackBerry in 2010, when the company purchased QNX. Many have said Marineau-Mes was of top talent, and closing working alongside QNX founder, Dan Dodge.

We have had the pleasure of interviewing Sebastian Marineau-Mes in the past, which gave us a deeper insight into the QNX and BlackBerry fusion. Nevertheless, it’s sad to see Marineau-Mes will more than likely be departing, should the position at Apple still be available.