COURT FILE NO.: CV-21-00672135
DATE: 20211213
ONTARIO SUPERIOR COURT OF JUSTICE
RE: Dr. Azim Parekh, Smiles First Corporation, and Dr Parekh Dentistry Professional Corporation, Plaintiffs
AND:
Dr. Ira Schecter, D. Michael Schecter, Schecter Dentistry Professional Corporation, Dr. Vanessa Mendes, Dr. Joseph Fava, Dr. Charles Pine, and Dr. Joseph Fava Dentistry Professional Corporation, Janice Rubin, Defendants
BEFORE: Justice Mohan D. Sharma
COUNSEL: Paul Martin, for the Plaintiff
Paul Fruitman and Tom Macintosh Zheng (student-at-law), for the Defendant
HEARD: December 10, 2021
ENDORSEMENT – INTERIM ORDER
[1] On November 30, 2021, Justice Sugunasiri issued her decision on a motion brought by the plaintiffs in which they sought interim injunctive relief pending the hearing of an interlocutory motion.
[2] In her endorsement, Justice Sugunasiri enjoined the defendants from directly or indirectly soliciting clients of Regal Heights Dentistry Centre (“RHD”) in Toronto until the interlocutory motion returnable December 10, 2021 is decided. She did not enjoin Dr. Ira Schecter from treating 29 patients who already had booked appointments between December 6 and 10, 2021.
[3] On December 10, 2021, I heard the interlocutory motion. At the hearing, I was advised that Dr. Ira Schacter is out of the country until January 10, 2022. It is my intention to release my decision on or before January 10, 2022.
[4] Until my decision is released, I make the following interim orders:
a. The defendants are enjoined from directly or indirectly soliciting clients of Regal Heights Dentistry Centre (“RHD”) in Toronto.
b. Dr. Ira Schecter is prohibited from carrying on or engaging in the practice of dentistry within a 5 kilometre radius of Regal Heights Dental Centre, located at 930 St. Clair Avenue West, Toronto, Ontario.
Justice Mohan D. Sharma
Date: December 13, 2021