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:
The plaintiffs initiated legal action against Dr. J.S. Minhas Dental Corp., Dr. Jasdip Minhas, Minhas Family Trust, and several related corporations (defendants). The dispute arose from alleged breaches of non-competition agreements following the defendants’ involvement in establishing new dental clinics and franchises under the "Smili Venture" model, potentially violating restrictive covenants outlined in their agreements.

Legal Issues:
The primary legal issues involved the enforcement of non-competition agreements, specifically whether the defendants’ activities breached contractual restrictions on engaging in competitive business within specified geographic boundaries. The plaintiffs sought an injunction to prevent further breaches, while the defendants contested the scope and clarity of the injunction.

Court’s Analysis and Decision:
The court upheld the original injunction, confirming that the defendants' conduct—specifically, the establishment and management of new dental clinics—violated the restrictive covenants. A limited clarification order was issued to ensure that the injunction explicitly covered the defendants' franchise activities. The court rejected the defendants’ request for further clarification or variation, finding the original terms sufficiently clear.

Costs and Award:
The judgment did not specify a total amount of costs or award. However, it allowed for a future hearing to determine costs if the parties could not agree, requiring written arguments of no more than five pages.

This decision reinforced the enforceability of non-competition agreements and the importance of adhering to injunctive relief terms.

Supreme Court of British Columbia
S244260
Corporate & commercial law
Plaintiff