What is the effect of a restrictive covenant between a member of a medical practice and the members of a private medical practice?

Manitoba, Canada


The following excerpt is from Business Consultants v. Kindret, 2002 MBQB 124 (CanLII):

FBC had a proprietary interest in those members which was entitled to protection for a period of time. Dickson J., in Elsley, went on to say at pp. 7-8: … Such a restrictive covenant was reasonable, in the words of Lord Birkenhead, L.C., in Fitch v. Dewes [[1921] 2 A.C. 158] at p. 165, in order that the employee "should not be in a position to use the intimacies and knowledge which he had acquired in the course of his employment in order to create a practice of his own in that same place and by doing so undermine the business and the connection of the [employer]". …

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