COURT OF APPEAL FOR ONTARIO
RE:
LOGIC 2000 INC. (Plaintiff/Appellant) v. CNC GLOBAL LIMITED AND THE CONTRACTORS NETWORK CORPORATION AND BRIAN CHEESMAN (Defendants/Respondents)
BEFORE:
O'CONNOR A.C.J.O., LASKIN & FELDMAN JJ.A.
COUNSEL:
R. Paul Marshall for the appellant
Stephen Bernofsky and Ken Naftel for the respondents
HEARD & ENDORSED:
September 8, 2003
On appeal from judgment of Forget J. dated April 12, 2002 and May 28, 2002.
APPEAL BOOK ENDORSEMENT
1The reasonable efforts clause in the addendum applies only to the non-solicitation clause and not to the non-competition clause. There is no evidence that Mr. Cheesman breached the non-solicitation clause. In view of our conclusion as to the meaning of the reasonable efforts clause, it is not necessary to address the appellant's argument that the trial judge's conclusion that CNC used reasonable efforts was in error. We do not give effect to the first ground of appeal.
2The appellant did not have a proprietary interest in the allegedly confidential information and accordingly had no basis on which to assert a claim for misuse of confidential information.
3The appeal is, therefore, dismissed.