Genesis Fertility Inc. v. Yuzpe, 2021 BCCA 420

Mitha Law Group lawyers acted on behalf of the appellants appealing an order of the Supreme Court of BC, dated 25 February 2019 (Genesis Fertility Centre Inc. v. Yuzpe, 2019 BCSC 233).

This case involved a dispute between one doctor who bought out her three partners through a shotgun clause. The remaining doctor, Dr. Kashyap and her company Genesis, sued her three partners and an associate doctor, Dr. Nakhuda, for breach of their fiduciary and employment duties when they set up a competing clinic. The trial judge ruled in favour of Dr. Kashyap and Genesis as against her three partners but dismissed the claim against the associate doctor, Dr. Nakhuda. Dr. Kashyap and Genesis appealed that part of the trial judge’s ruling.

The BC Court of Appeal ruled in favour of Dr. Kashyap and Genesis finding that the trial judge erred in failing to find that Dr. Nakhuda had breached his duty of loyalty. In particular, the Court of Appeal held the trial judge failed to address the fact that Dr. Nakhuda breached his duty of fidelity in connection with his role in signing employment letters for the competing practice.

The full reasons of the Court of Appeal can be found here.