Balita was given a copy of the lawsuit by Dale Brazao of the Toronto Star and we are publishing excerpts of the Statement of claim.
The plaintiff, Physical Therapy One Inc, is a corporation duly incorporated under the law of the Province of Ontario carrying on the business of physical therapy rehabilitation clinics.
In or about the year 2004, Ms. Villanueva approached Dr. Arif Alerakhia, the sole shareholder, director and officer of Physical Therapy One Inc to discuss marketing and client referral to the various clinics operating under the name of Physical Therapy One Inc.
The defendant, Quintin C. Robles, is an individual who resides in the City of Toronto in the Province of Ontario
The Defendant, Rowena A. Villanueva is an individual who resides in the City of Toronto in the Province of Ontario
The defendants are married.
In or about 2004, there were 7 clinics operating under the name of Physical Therapy One. At present Physical Therapy One Inc. Has entered into limited license agreement with the 11 numbered corporations including 2008937 Ontario Inc, operating under the business name of Physical Therapy One. All corporations operating under the business name of Physical Therapy One are independently owned and operated by arm’s length health care professionals.
Shortly after meeting Ms. Villanueva, Dr. Alarakhia introduced her to Dr. Farhad Darnji,. The sole shareholder, director and officer of 2008937 Ontario Inc. o/a Physical Therapy One,0- Scarborough location as Ms. Villanueva indicated that her base was in Scarborough as this is where she lived.
In her pitch to Dr. Darnji, Ms. Villanueva advised that she was experienced in procuring referrals from medical doctors and had provided marketing services to a number of clinics. Given her experience, Dr. Darnji agreed to retain Ms. Vilanueva’s services as an independent contractor providing marketing services only and remuneration was strictly commission based.
In June 2009, it came to the attention of Dr. Damji and Dr. Alerakhia that Ms. Vilanueva had engaged in fraudulent acitivty. Ms. Villanueva had apparently held herself out to be an owner and shareholder of Physical Therapy One Inc. And had entered into third party agreement without consent or authorization,.
In response on or about June 9, 2009, Ms. Villanueva was sent a formal letter of termination of her marketing services as an independent contractor. Furthermore, Ms. Villanueva was advised to cease and desist her unauthorized and fraudulent activities utilizing the Physical Therapy One na,e
On or about October 26, 2011, the Toronto Star published a front page article on A1 which named Physical Therapy One,.
The plaintiff had no knowledge of Ms. Villanueva’s deceitful and fraudulent actions nor din any officer, director or shareholder of Physical Therapy One Inc. Or the corporations operating under the name of Physical Therapy one authorize the defendants to enter into any third party agreement pledging shares of Physical Therapy One Inc or the corporations operating under Physical Therapy One or to obtain funds for investment purposes.
Neither the Plaintiffs nor any officer, director or shareholder of Physical Therapy One Inc or the corporations operating under the name of Physical Therapy One ever received any of the funds fraudulently paid to the Defendants.
Furthermore, the deceitful and fraudulent actions of the defendants have caused the plaintiffs to be singled out in publication in the most widely read paper i Canada at a time when credibility of rehabilitation clinics is precarious.
The wide publication of the name Physical Therapy One in the Toronto on two separate occasions has negatively impacted each of the 11 locations operating under this business name.
The owner and operators of these clinics have sought recourse from Physical therapy One Inc.
Furthermore, staff, patients, business referral sources, personal injury lawyers, insurance companies and health care practitioners do not wish to associate or conduct business with any clinic operating under the name Physical Therapy One.
The negative exposure from the Toronto Star has resulted in the reputation of Physical Therapy One Inc. Being tarnished. Physical Therapy One Inc. Has been in the rehabilitation clinic business for the past 12 years without incident 2008937 Ontario Inc has been in the business for the past 10 years without incident.
Furthermore, the actions of the defendants have damaged the goodwill of the Physical Therapy various clinics operating under the name of Physical Therapy One. Inc.
The plaintiff claims as against the Defendants for:
General damages in the amount of $1,000,000.00
Punitive and or aggravated and/or Exemplary damages in the amount of $500,000.00.