COURT OF APPEAL FOR ONTARIO
RE:
NADINE ROBINSON (Plaintiff/ Appellant) and DAEWOO CANADA LTD., DAEWOO CORPORATION, DAEWOO ELECTRONICS CANADA INC., DAEWOO INTERNATIONAL (AMERICA) CORP., DAEWOO ELECTRONICS CO. LTD., DAEWOO ELECTRONICS CORPORATION OF AMERICA, and DAEWOO GROUP (Defendants/Respondents)
BEFORE:
MORDEN, ABELLA and MOLDAVER JJ.A.
COUNSEL:
G. Gardner Hodder for the appellant
Benjamin Zarnett and Jessica Kimmel for the respondent
HEARD:
May 29, 2001
On appeal from the judgment of Justice Katherine Swinton, dated 28 September, 2000.
E N D O R S E M E N T Released Orally: May 29, 2001
1The motions judge carefully considered all of the evidence before her and we are satisfied that, in dismissing the action, she correctly applied the governing principles relating to the granting of summary judgment.
2The appellant has referred to paragraph 44 in the reasons as indicating an incorrect application of these principles. The reasons as a whole indicate that in saying “the plaintiff has failed to prove an essential element in the tort of inducing breach of contract”, the motions judge clearly meant that the plaintiff had failed to show that there was evidence which gave rise to a genuine issue for trial on the issue of inducing breach of contract.
3The appeal is dismissed with costs.