The plaintiff, Arvan Rehab Group, sued Roderick Millea and his company, Millea Physiotherapy Professional Corporation (MPPC), for breach of contract, breach of fiduciary duty, and conspiracy.
Arvan alleged that Millea, while still contracted with Arvan, secretly bid on and won a physiotherapy services contract with Norview Lodge, a client of Arvan, using confidential information and soliciting Arvan's employees.
The court found that the 2007 contract between Arvan and Millea was binding and enforceable, and that Millea breached its non-solicitation provisions.
The court also found that Millea, as a key employee/dependent contractor, owed and breached a fiduciary duty to Arvan.
Furthermore, MPPC was found jointly and severally liable for conspiracy and inducing breach of contract/fiduciary duty.
Arvan was awarded disgorgement damages based on MPPC's profits from the Norview contract.
