Background

• Parties: Strength-N-U Inc. (plaintiff) vs. Daniel Silva, Jerikka Nahibuan, and Performance Recovery Therapy Inc. (defendants).
• Issue: Plaintiff alleged breach of fiduciary duties, misuse of confidential information, and contractual violations by the defendants after they started a competing business.

Decision 1: Injunction Motion (2024 ONSC 4009)

• Outcome: Motion dismissed.
• Reasoning:
  • Fiduciary Duties: Plaintiff failed to show Silva and Nahibuan were fiduciaries; evidence indicated they were not key to management.
  • Confidential Information: A substantial issue existed regarding client data use, but no clear misuse was proven.
  • Restrictive Covenants: Clauses were overly broad and ambiguous, likely unenforceable.
  • Irreparable Harm: Plaintiff did not prove irreparable harm, as damages could be calculated.
  • Balance of Convenience: Favored defendants, emphasizing competition and patient choice.

Decision 2: Costs Award (2024 ONSC 5372)

• Outcome: Costs of $32,672 awarded to defendants.
• Reasoning: Defendants were entitled to costs due to the complexity and significance of the issues, and the plaintiff's rejection of a prior settlement offer.

Final Outcome

• Defendants Prevailed: The injunction was denied, allowing the defendants to continue their business.
• Costs Awarded: Plaintiff was ordered to pay $32,672 to the defendants, further solidifying the defendants' victory. The rulings favored competition and rejected the plaintiff’s broad restrictive claims.