COURT OF APPEAL FOR ONTARIO
RE:
IK-INTERKLIMAT S.p.A (Respondent) – and – COLDMATIC REFRIGERATION OF CANADA LTD. (Appellant)
BEFORE:
WEILER, ABELLA and SIMMONS JJ.A.
COUNSEL:
Patrick T. Summers
for the appellant
Alistair Riswick
for the respondent
HEARD & ENDORSED:
November 19, 2003
On appeal from the judgment of Justice Sidney N. Lederman of the Superior Court of Justice dated September 27, 2002.
A P P E A L B O O K E N D O R S E M E N T
1This is a fact driven appeal. The appellant has not overcome the high hurdle required to overturn a trial judge’s findings of fact.
2The appeal is dismissed with costs to the respondent fixed at $5,000.