Ontario Superior Court of Justice – 1003126 Ontario Ltd. v. DiCarlo

The plaintiff having noted the defendant in default moves under Rule 19.05 of the Rules of Civil Procedure (the “Rules”) for judgment. The primary relief sought by the plaintiff before this court was an injunction “restraining the defendant from engaging in or being employed by another employer engaged in a medical spa or weight loss centre business within a twenty mile radius of any medical spa or weight loss centre owned and operated by the plaintiff, for two years commencing October 12, 2012, terminating on October 11, 2014.” (my emphasis) Further injunctive relief was also sought in relation to allegations that the defendant had breached her employment contract with the plaintiff by entering into a contract of employment with Renew Medical Spa (“Renew”) at a location within nine miles of where the defendant had worked with the plaintiff.