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DMC LLP | Dentist Lawyers
New Case: Are Non-Compete Clauses Enforceable in Dental Practice Sales?
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Court Case Reviews

Court decisions are an essential part of the law. They set precedents that help guide decisions in future cases. These are posts where we’ve reviewed court case decisions on topics affecting dentists and dental practice owners in Canada.

We break down the cases and take the legal jargon out of the court decisions to explain how they are relevant to you and your business. Topics include employment and termination lawsuits, landlord and lease disputes, patient complaints, non-compete regulations and more!

May 21 2024
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New Case: Are Non-Compete Clauses Enforceable in Dental Practice Sales?

By Michael Carabash Selling A Practice
Imagine investing years into building a successful dental practice only to face legal battles over non-compete clauses. A recent Ontario Court of Appeals case sheds…
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Mar 26 2024
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Avoiding Costly Mistakes: Understanding Employee Risks in Dental Practice Transactions

By DMC Buying a Practice, Employment Law
What happens to the employees of small businesses when they are purchased or sold? In a 2024 Ontario Court of Appeal case, Manthadi v ASCO…
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Nov 28 2023
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Your Employment Agreements Are No Good: New Ontario Court Case

By DMC Employment Law
If you are an employer in Ontario and have employment contracts with out-of-date termination language, then it is time to place 'new team contracts' at…
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Oct 07 2023
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Hygienist Won’t Change Dates For Insurance Purposes; Patient Complains And Loses!

By Michael Carabash Michael's Operatory
In the recent case of Ong v Zielinski, 2023 CanLII 42236 (ON HPARB), a patient complained against a hygienist who refused to change dates so…
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Sep 12 2023
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Court Case Every Dentist Seller Needs To Read

By Michael Carabash Selling A Practice
Every now and then, a court case comes out that touches on things that could affect our dentist sellers. And here's one of them. It's…
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Jul 11 2023
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Do Dentists Need To Worry About Violating The Common Employer Doctrine?

By DMC Employment Law
The decision in O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (“ClearMRI”) is important for any dentist with more than one DPC as it speaks…
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Jun 20 2023
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Are Liquidated Damages Clauses Legal and Enforceable?

By Michael Carabash Employment Law
Sometimes, in associate agreements, we find these clauses that say: if the associate solicits a former staff, they owe some amount of money as "liquidated…
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Mar 21 2023
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How the Doctrine of Changed Substratum Could Hurt Dentist Employers

By DMC Employment Law
In this post, we'll be looking at the recent Ontario Court of Appeal decision in Celestini v Shoplogix Inc., 2023 ONCA 131 (CanLII) ("Shoplogix"). This…
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Mar 14 2023
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Don’t Let The Law Catch You Unaware: The ESA And Leaves Of Absence

By DMC Employment Law
Although leaves of absence are not uncommon among dental practices, many dentists may be unaware of the common legal traps employers could fall into when…
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Feb 21 2023
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Can Confidentiality & Conflict Of Interest Clauses Actually Ruin Your Contract?

By DMC Employment Law
If you are a dental practice owner and haven't reviewed your team's contracts lately, you'll want to check them over ASAP. You may be surprised…
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