A fitness centre is suing a former director who allegedly took some of the gym's exercise equipment and established her own fitness centre in direct competition to her former employer.
FitFX wants Barbara Zimich to not only return six stationary bikes, a laptop computer and other equipment, it also wants her to return FitFX client lists, documentation and control and access to FitFX's Facebook page, according to the notice of civil claim filed October 2.
Zimich maintains in a response to the civil claim that she owned the equipment and loaned it to FitFX and that she no longer has access to the Facebook page that she set up.
FitFX was incorporated in December 2011 with Zimich being one of three directors and, she claims, an owner. The other directors and officers were Paul Cross and Stephen Kim.
Zimich and Cross provided training services, bought equipment and paid bills. Zimich oversaw and kept control of FitFX's corporate records, including maintaining the corporate record book, paying taxes and paying contractors.
The parties agree that Zimich removed exercise equipment and other assets before September 12, 2012, when she resigned as an officer and director of the company.
She alleges in her counterclaim that FitFX was insolvent and that she proposed to Kim and Cross, on September 2, to dissolve the enterprise. They then instructed her to communicate with them only through a lawyer.
She claims that after September 12, she was effectively "locked out."
FitFX alleges, however, that Zimich continued to have a duty to FitFX as a former director and officer.
Post resignation, FitFX alleges, Zimich prevented Cross and Kim from accessing FitFX's Facebook page. She also allegedly failed to return FitFX assets and its client list despite repeated requests.
Finally, Zimich is alleging that "prior to Zimich resigning, Kim made threatening emails to Zimich and circulated an email post resignation that contains libelous and slanderous language."
None of the allegations has been proven in court.
