Can a Registered Massage Therapist Contact Clients After Leaving a Clinic in Ontario?

When a Registered Massage Therapist leaves a clinic or wellness centre, one of the most common questions is whether they can contact their clients after departure.

The answer is not a simple yes or no.

It depends on:

• the terms of the agreement in place

• whether a non-solicitation clause applies

• the therapist’s obligations under the College of Massage Therapists of Ontario

• applicable privacy and consent requirements

In practice, the issue is not whether communication is allowed, but how that communication is structured.

The Purpose of Non-Solicitation Clauses

Non-solicitation clauses are commonly included in clinic agreements to protect the clinic’s business interests.

Clinics typically invest in:

• marketing and advertising

• administrative support

• building and maintaining a client base

These clauses are intended to prevent a departing therapist from actively encouraging clients to leave the clinic and follow them elsewhere.

However, these provisions are not absolute. They must be interpreted alongside professional and regulatory obligations.

What Constitutes “Solicitation”

Solicitation generally involves actively seeking to move clients from one practice to

another.

Examples of solicitation may include:

• contacting clients and encouraging them to book at a new location

• offering incentives to transfer their care

• directing clients away from the clinic in a targeted manner

By contrast, not all communication with clients is considered solicitation.

Courts in Ontario have recognized that neutral communication does not necessarily breach a non-solicitation clause.

Neutral Communication and Client Choice

There is an important distinction between solicitation and providing information.

In many cases, the following may be permissible:

• informing clients that you are no longer working at the clinic

• providing updated contact information where appropriate

• responding to clients who reach out independently

The key factor is whether the communication is neutral and informational, rather than persuasive or targeted.

CMTO Obligations: Continuity of Care

Registered Massage Therapists are subject to professional obligations that go beyond the terms of a contract.

Under CMTO Standards of Practice, therapists are expected to take reasonable steps to ensure continuity of care.

This may include:

• ensuring clients are not abandoned

• providing information on how to access records

• facilitating continuation of treatment where appropriate

If a clinic does not communicate a therapist’s departure or restricts reasonable client notification, the therapist may need to take steps to meet these obligations.

The purpose of any communication in that context must be to support continuity of care, not to solicit business.

Privacy and PHIPA Considerations

Client information is subject to privacy legislation, including the Personal Health Information Protection Act.

This means:

• client contact information cannot be used freely

• communication must be consistent with consent and privacy obligations

• records must be handled in accordance with custodianship rules

Improper use of client data can create separate legal exposure, regardless of any contractual issues.

Client Ownership and Record Custody

One of the most common areas of dispute is who “owns” the client relationship.

In practice, this depends on:

• the terms of the agreement

• who is the health information custodian

• how records are maintained and controlled

If the clinic is the custodian, the therapist may have limited access to client information after departure.

If the therapist is the custodian, they may have ongoing obligations relating to record retention and access.

This should be clearly addressed in the agreement to avoid uncertainty.

When Non-Solicitation Clauses Become Problematic

Non-solicitation clauses must be reasonable and clearly defined.

Issues arise where clauses:

• are overly broad

• restrict all forms of communication

• extend beyond clients the therapist actually treated

• attempt to prevent clients from exercising choice

In the healthcare context, courts place significant weight on patient autonomy and access to care.

As a result, overly restrictive clauses may not be enforceable.

Structuring Agreements Properly

For both clinics and therapists, clarity at the outset is critical.

Agreements should:

• clearly define what constitutes solicitation

• distinguish between solicitation and neutral communication

• address client records and custodianship

• include reasonable time limits for any restrictions

• align with CMTO standards and privacy obligations

A well-structured agreement reduces the likelihood of disputes and supports compliance on both sides.

Book a Consultation

If you are entering into a clinic agreement or preparing to leave a practice, it is important to understand both your contractual and professional obligations.

These situations often involve a balance between business interests and regulatory requirements. You can Book a Consultation to review your agreement and ensure your approach is both compliant and practical.