Legal Blog

Injunction

Parekh v. Schecter 2022 Ont SCJ

A dentist sold his dental practice to a dental corporation. To comply with one of the the terms of the sale, the dentist’s father, who started the dental practice, had to enter into an employment agreement with the buyer. Father negotiated the agreement and ultimately agreed that he would not compete for 2 years within a 5 km radius of the dental practice. Father then breached the non-compete clause and the buyer moved to enjoin father from competing. The judge held that the buyer demonstrated a strong prima facie case so that the other components of an injunction, irreparable harm and balance of convenience, were not as important. The judge granted the injunction and included a further injunction for solicitation of patients.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.