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DMC LLP | Dentist Lawyers
Are Liquidated Damages Clauses Legal and Enforceable?
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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!

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
Love0

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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Feb 07 2023
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Landlord Consent: What Landlords Can’t Do With a Lease Transfer Request

By Michael Carabash Leases
Dentists are often surprised to learn that their dental office lease can significantly impact their ability to sell their practice. A landlord can actually block…
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Jan 17 2023
Love0

Patient Complains Against Dentist and Patient Loses

By Michael Carabash Michael's Operatory
The Complaint In the matter of Seerattan v Ohayon, 2022 CanLII 122507 (ON HPARB), a female patient complained to the RCDSO's Inquiries, Complaints and Reports…
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May 18 2022
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Landlord Tries to Kick Dentist Out, And Landlord Loses!

By Michael Carabash Leases, Michael's Operatory
Wow! We are on a real roll here with cases coming out in favour of the dentist. First, I discussed a case where a patient…
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May 03 2022
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Patient Sues Dentist for Nerve Pain After RCT and Patient Loses!

By Michael Carabash Michael's Operatory
Another legal victory for dentists generally and a dentist in BC specifically! In my previous blog, I wrote about how a patient in Ontario took…
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Apr 12 2022
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Human Rights Tribunal Sides with Dentist

By Michael Carabash Michael's Operatory
Dental lawyers like us tend to ONLY deal with dentists, other lawyers, bankers, accountants and financial advisors. It's actually quite nice to deal with such…
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Jun 14 2021
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IDEL Layoffs: The Employment Law Rollercoaster Continues!

By DMC Employment Law
The Ontario IDEL rollercoaster continues to throw employers for a loop. But we may be headed towards an upturn.
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