A medical clinic that had been established for many years advertised in the medical press for an obstetrician. Silvano, a medical specialist, answered the advertisement. Following an interview, Silvano was employed by the clinic and signed an employment contract that contained the following clause:

Should the employment of the Party of the Second Part by the Parties of the First Part terminate for any reason whatsoever, the Party of the Second Part COVENANTS AND AGREES that she will not carry on the practice of medicine or surgery in any of its branches on her own account, or in association with any other person or persons, or corporation or in the employ of any such person or persons or corporations within the City or within ten kilometres of the limits thereof for a period of five years.

Silvano worked well with the other doctors at the clinic, and developed a good reputation with the patients at the clinic, but after some years, an argument arose between Silvano and one of the founders of the clinic. As a result of the argument, Silvano resigned. She immediately set up a practice in the same city in an office building located across the street from the clinic. The clinic continued to operate without the services of Silvano and later brought an action for damages and an injunction against her.

Discuss the factors the courts should consider in deciding this case.

Render a decision.