DiFlorio v. Con Steel Ltd., 2001 ONCA 32743

Case Summary

The appellants appealed a trial judge's decision, arguing that the trial judge erred in findings of fact and that the respondent's delay in initiating proceedings should disentitle them from advancing their claims. The Court of Appeal found no global error in the findings of fact and agreed with the trial judge regarding the delay. The appeal was dismissed with costs.

Court of Appeal for Ontario

DiFlorio v. Con Steel Ltd.

Date: 2001-12-13

Docket: CA C33866

Counsel: Ronald G. Chapman, for Appellants

Before: Doherty J.A.

1The findings of fact considered globally do not reveal any error that warrants intention by the Court.

2We agree with trial judge's holding that the delay in initiating the proceedings was not such as to disentitle the respondent from advancing their claims.

3The appeal is dismissed with costs.

Appeal dismissed

Cited By (1 case)

Polar Wireless Corporation v. Roberts, 2013 ONSC 1155

The moving parties, two of several defendants, sought leave to appeal an interlocutory injunction restraining them from using confidential information and competing with the plaintiff.

The motions judge had found a strong prima facie case that the former president breached his fiduciary duty and that the moving parties were impressed with the same duty.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motions judge's decision and no conflicting decision that would warrant granting leave.

ODCFeb 25, 2013

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