3 total
Injunction granted enforcing non-solicitation covenant and return of patient lists against departing dentist.
The applicant management company sought an injunction to enforce restrictive covenants against a respondent dentist who formerly practiced at its clinic.
The respondent had removed patient lists upon termination of the management agreement and intended to contact patients.
The respondent argued the covenants were unenforceable as a non-dentist cannot have a proprietary interest in dental patients and the covenants conflicted with his professional obligations.
The court found the applicant had a valid proprietary interest in the clinic's goodwill, the covenants were reasonable and not contrary to public policy, and granted the injunction.
Breach of lien-free term in sale of goods contract treated as warranty, not condition permitting repudiation.
The appellants purchased goods from the respondent under a contract stating the goods must be free of liens.
After accepting the goods and making payment, the appellants discovered an outstanding lien and sought to repudiate the contract.
The trial judge found the breach should be treated as a breach of warranty under s. 12(3) of the Sale of Goods Act, entitling the appellants to damages rather than repudiation.
The Court of Appeal upheld this finding, noting the appellants' actions were consistent with treating the term as a warranty.
The appeal was dismissed, but execution of the judgment was stayed up to $40,000 pending resolution of a Third Party Notice from the Ministry of Revenue.
Appeal of contempt finding dismissed as the arbitration award and the appellant's violation were clear.
The appellant appealed an order finding it in contempt of an arbitration award.
The appellant argued the agreement between the parties was ambiguous.
The Court of Appeal dismissed the appeal, finding that the parties had agreed to a specific calculation method and the appellant's deviation from it constituted a clear violation of a clear order.
