Does a restriction on the use of certain types of medical equipment in medical malpractices constitute an unenforceable restriction?
British Columbia, Canada
The following excerpt is from KRG Insurance Brokers v. Shafron & Other, 2005 BCSC 1611 (CanLII):
In examining the question of whether the restriction, which by the general rule is against public policy and unenforceable, falls within the narrow exception identified in Phillips v. Campbell, supra, the court must look at all of the circumstances.
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