Dentalcorp Health Services Ltd. v. Dr. J.S. Minhas Dental Corp.
Dentalcorp Health Services Ltd.
Law Firm / Organization
Harper Grey LLP
Dr. Larry Podolsky Dental Corporation
Law Firm / Organization
Harper Grey LLP
Dr. Larry Podolsky
Law Firm / Organization
Harper Grey LLP
Dr. J.S. Minhas Dental Corp.
Dr. Jasdip Minhas also known as Dr. Jasdip Singh Minhas
Minhas Family Trust
0949630 B.C. Ltd.
1006207 B.C. Ltd.
0974720 B.C. Ltd.
1091277 B.C. Ltd.
0987093 B.C. Ltd.
0767121 B.C. Ltd.
0762247 B.C. Ltd.

Background:
Dentalcorp Health Services Ltd. ("Dentalcorp") acquired five dental practices from Dr. J.S. Minhas Dental Corporation ("Dr. Minhas") for approximately $11 million. The sale included restrictive covenants preventing Dr. Minhas from competing or soliciting within defined areas.

Legal Issues:
Dentalcorp argued that Dr. Minhas breached non-competition and non-solicitation agreements by engaging in business activities that competed with their interests, including the development of new clinics within the restricted territory and using confidential information to benefit competing entities. Dentalcorp sought an interlocutory injunction to enforce these covenants.

Dr. Minhas contended that the restrictive covenants were unenforceable or overly restrictive, asserting that his role was more aligned with employment than a business sale and thus should be assessed under less stringent standards.

Court’s Analysis:
The court applied commercial standards, holding that these covenants were part of a business sale rather than an employment contract. It found a strong prima facie case of breach by Dr. Minhas, noting activities within restricted zones and potential misuse of confidential information.

Decision and Award:
The court granted the interlocutory injunction in favor of Dentalcorp, prohibiting Dr. Minhas from further competitive actions pending trial. The awarded amount or costs specifics for Dentalcorp were not indicated within the judgment, as the decision primarily addressed the injunction.

Supreme Court of British Columbia
S244260
Corporate & commercial law
Plaintiff