Who owns the patient? What happens when a professional leaves a practice
In Coscarella Dentistry Professional Corporation v. Harvey, 2025 ONCA 118, the Ontario Court of Appeal considered what happens when a professional leaves a practice and informs patients of the move.
Dr. Harvey had worked as an independent contractor at a dental clinic. When he decided to set up his own practice across the street, he accessed the clinic’s patient files to identify patients he had personally treated and notified them of his new location. The clinic sued, alleging misuse of confidential information, breach of fiduciary duty, and improper solicitation of patients and staff.
Both the trial judge and the Court of Appeal dismissed the claims. The Court confirmed that:
Patients are not property. They have the right to choose their provider. A clinic cannot “own” its patients.
Accessing records was not a breach of confidentiality where the dentist had treated those patients and was fulfilling professional obligations to ensure continuity of care.
No fiduciary duty or implied non-solicitation existed. Absent clear contractual restrictions, courts will not read in limits on contacting patients.
Good faith obligations have limits. They cannot be used to create new obligations that parties never agreed to.
Why This Case Matters
For professionals and practice owners alike, the message is clear: patient relationships are personal, not proprietary. A departing professional may inform patients of a move, provided it is done appropriately and in line with ethical standards.
The real safeguard for clinics is not after-the-fact litigation, but well-drafted agreements. Clear, reasonable non-solicitation clauses and confidentiality terms are the best way to manage transitions and avoid disputes.
