DATE: 20020924
DOCKET: C37368
COURT OF APPEAL FOR ONTARIO
RE: ALPHA MARATHON TECHNOLOGIES INC. (Respondent/Plaintiff) – and – SHANGHAI ZIHUA WHITECAT COLOR PRINTING CO. LTD., SHANGHAI ZIJIANG COLOR PRINTING AND PACKAGING CO. LTD., WINDMOELLER & HOELSCHER AND JOHS. RIECKERMANN (Appellants/Defendants)
BEFORE: McMURTRY C.J.O., CARTHY AND GOUDGE JJ.A.
COUNSEL: Jonathan C. Lisus For the appellants Windmoeller & Hoelscher D. W. Lalonde For Johs. Rieckermann A. Paul Gribilas For the respondent
HEARD: September 17 and 18, 2002
On appeal from the order of Justice Frank K. Roberts dated November 6, 2001.
ENDORSEMENT
Released Orally September 18, 2002
1Our review of the reasons of Roberts J., and the record before him, satisfies us that he properly considered the relevant factors and found a sufficient connection to Ontario to reach the result he did as to jurisdiction.
2He relied particularly and properly on the plaintiff being in on Ontario, the harm being suffered here and the nature of the tort which, as pleaded, has the appellants effecting a breach of contract here. It would have been reasonably anticipated by the defendants that their actions would have caused harm in Ontario, sufficient to found jurisdiction for this litigation.
3The appeal must therefore be dismissed. The appellants shall each pay $4,000 by way of costs to the respondent.
"R.R. McMurtry C.J.O."
"J.J. Carthy J.A."
"S.T. Goudge J.A."