U.S. game maker THQ will be allowed to hire Patrice Désilets to run its Montreal development studio after a hard-fought legal battle with his former employer, Ubisoft Montreal.

The Quebec Court of Appeal for the District of Montreal has overturned a provisional poaching injunction obtained from a lower court that stopped THQ from hiring Désilets away from Ubisoft because of a non-compete clause he had in his former employment contract.

Ruling in favour of Los Angeles-based THQ, the appeals court removed legal roadblocks to the hire of the former Assassin’s Creed creator.

The Quebec appeals court said THQ can also pursue other former Ubisoft employees as long as its search does not amount to “unfair competition.”

THQ in late 2009 unveiled plans to tap local subsidies, tax breaks and talent and open a Montreal studio that would create 400 jobs over five years.

A year later, THQ surprised the Montreal gaming community when it lured Désilets away from Ubisoft to head up the Montreal studio.

Now it has a legal greenlight for the hire.

“The Court of Appeal’s decision is a tremendous victory for THQ Montreal and all of the creative talent working in the video game industry in Montreal. We are thrilled with the Court’s decision in this matter because we believe strongly in an individual’s freedom to choose where they want to be employed,” said Ed Kaufman, THQ’s EVP of business and legal affairs.