• Background:
  • Dr. Sims bought Dr. Cooke's dentistry practice for $1.1 million in 2017.
  • Dr. Cooke agreed to work as an associate for two years and adhere to a five-year, 15 km non-competition covenant post-association.
  • Dispute arose when Dr. Cooke began working at a nearby practice, challenging the covenant's enforceability.

Legal Issues:

• Appeal Focus: Whether the trial judge erred in ruling the non-competition covenant reasonable and enforceable.

Court's Analysis:

• Burden of Proof:
  • Appellant's Claim: The trial judge improperly placed the burden on Cooke to prove the covenant unreasonable.
  • Court's Finding: The trial judge followed precedent correctly, evaluating the covenant's reasonableness without reversing the burden of proof.
• Duration of Covenant:
  • Appellant's Claim: Five years was excessive based on expected retirement and patient transition periods.
  • Court's Finding: Five years was reasonable to ensure patient relationship transition and protect the practice's goodwill.
• Geographic Scope:
  • Appellant's Claim: The 15 km radius was overly broad.
  • Court's Finding: The radius was reasonable, reflecting typical patient travel distances and protecting the practice's goodwill.

Conclusion:

• Appeal Outcome: The appeal was dismissed, upholding the non-competition covenant.
• Costs: $30,000 awarded to Dr. C. Sims Dentistry Professional Corporation.