Court File and Parties
COURT OF APPEAL FOR ONTARIO
Laskin, Feldman and Cronk JJ.A.
BETWEEN
Gino’s Pizza Inc.
Applicant
and
1011260 Ontario Inc. and Rezza Goran
Respondent
AND BY COUNTER-APPLICATION
1011260 Ontario Inc. and Rezza Goran
Applicant in the Counter-Application (Respondent)
and
Gino’s Pizza Inc.
Respondent in the Counter-Application (Appellant)
Counsel: Robert A. Watson, for the appellant Steven D. Gadbois, for the respondent
Heard: February 5, 2009
On appeal from the order of Regional Senior Justice C. Stephen Glithero of the Superior Court of Justice dated January 28, 2008.
APPEAL BOOK ENDORSEMENT
1The respondent seeks to maintain only its claim for damages. We agree with Regional Senior Justice Glithero that this claim is not foreclose by res judicata.
2Accordingly, the appeal is dismissed with costs fixed in the amount of $4,000, inclusive of disbursements and G.S.T.