COURT OF APPEAL FOR ONTARIO
RE:
SOL NEGER (Applicant/Respondent in Appeal) v. ARIEH EREZ, GUY EREZ, ZAFFRIR ROMI, BRILLIANT-C DIAMONDS INC. and 1156086 ONTARIO LIMITED (Respondents/Appellant in Appeal)
BEFORE:
DOHERTY, LASKIN and MACFARLAND JJ.A.
COUNSEL:
Leo Klug
for the appellant Guy Erez
Fred A. Platt
for the respondent
HEARD & ENDORSED:
March 7, 2005
On appeal from the judgment of Justice Colin Campbell of the Superior Court of Justice dated October 24, 2001 and October 30, 2003.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge properly described the applicable law. He rejected the appellant’s denial that he had no knowledge of the relevant term. There was ample evidence from which the motion judge could infer that the appellant had the requisite knowledge, or minimally was wilfully blind as to the existence of the relevant provisions in the order. The appellant has not demonstrated any reversible error in that factual finding.
2In any event, the appellant admitted breaching the non-compete clause after he was personally served with the contempt motion. That conduct alone would support the finding made by the motion judge.
3The appeal is dismissed and the cross-appeal dismissed as abandoned. Costs to the respondent on a partial indemnity basis in the amount of $12,000.00, inclusive of disbursements and GST.