Dentalcorp Health Services v Poorsina
DENTALCORP HEALTH SERVICES LTD.
Law Firm / Organization
Lax O'Sullivan Lisus Gottlieb LLP
DENTALCORP HOLDINGS LTD.
Law Firm / Organization
Lax O'Sullivan Lisus Gottlieb LLP
LARRY PODOLSKY
Law Firm / Organization
Lax O'Sullivan Lisus Gottlieb LLP
DR. LARRY PODOLSKY DENISTRY PROFESSIONAL CORPORATION
Law Firm / Organization
Lax O'Sullivan Lisus Gottlieb LLP
ARSALAN POORSINA
Law Firm / Organization
Owens Wright LLP
POORSINA DENISTRY PROFESSIONAL CORPORATION
Law Firm / Organization
Owens Wright LLP
POORSINA, A. DENISTRY PROFESSIONAL CORPORATION
Law Firm / Organization
Owens Wright LLP
POORSINA, DR. A. DENISTRY PROFESSIONAL CORPORATION
Law Firm / Organization
Owens Wright LLP
In the case of Dentalcorp Health Services v Poorsina dated June 15, 2023, the plaintiffs, Dentalcorp Health Services Ltd., Dentalcorp Holdings Ltd., and Dr. Larry Podolsky, had purchased five dental clinics in Ontario from a professional dental corporation controlled by the defendant, Dr. Arsalan Poorsina. The sale had included a non-competition and non-solicitation agreement, which Dr. Poorsina had allegedly breached by opening two new dental clinics before the agreement's termination date. The plaintiffs had sought an injunction to restrain the defendants from operating the two dental clinics for two years from the date of any order or until April 26, 2023, based on the breach of the non-competition clause. They had also sought an order to prevent Dr. Poorsina from practicing dentistry at these clinics. The court had analyzed whether the plaintiffs had a strong prima facie case that Dr. Poorsina breached the non-competition covenant. They had determined that the restrictive covenants were enforceable and reasonable, as they had been part of a business sale transaction and had been negotiated by both parties with legal advice. Regarding irreparable harm, the court had found that although there were potential damages resulting from the breach, they could be calculated. Therefore, the plaintiffs' claim of irreparable harm had not been strong enough to warrant an injunction. Consequently, the plaintiffs' motion for an injunction had been dismissed. No specific amount provided in the case regarding financial award.
Superior Court of Justice - Ontario
CV-22-691615
Corporate & commercial law
Defendant