COURT OF APPEAL FOR ONTARIO
DATE: 2003-11-17 DOCKET: C40494
BETWEEN
VIVITAR CANADA LTD. (Plaintiff/Respondent) – and – VIVITAR CORPORATION (Defendant/Appellant)
AND BETWEEN:
VIVITAR CORPORATION (Plaintiff by Counterclaim/Appellant) – and – VIVITAR CANADA LTD., GENETEC INTERNATIONAL and JOEL SEIGEL (Defendants by Counterclaim/Respondents)
BEFORE: WEILER, LASKIN and MACPHERSON JJ.A.
COUNSEL: John C. L. Ritchie and John R. Hart for the appellant Connie Reeve for the respondents
HEARD & ENDORSED: November 13, 2003
On appeal from the judgment of Justice Joan L. Lax of the Superior Court of Justice dated July 25, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We see no basis for interfering with the motion judge’s conclusion that “all essential terms of the ‘clean break’ scenario were settled by June 16, 2003”. Accordingly, it was appropriate for the motion judge to grant summary judgment.
2The appeal is dismissed with costs fixed at $10,000 inclusive of disbursements and GST.