The appellant purchased a business from the respondent under a share purchase agreement that included a non-competition clause.
The appellant withheld the final payment, alleging the respondent breached the non-competition clause by funding a competing business started by his son.
The motion judge granted summary judgment dismissing the appellant's claim and allowing the respondent's counterclaim for the outstanding payment.
The Court of Appeal dismissed the appeal, finding the motion judge correctly applied the test for summary judgment and his factual findings were amply supported by the evidentiary record.
