Editor’s note: The name of the counsel for the applicant has been corrected (Atoosa Mahdavian instead of Atoosha Mahdavian)

CITATION: Swytch Delivery Solutions Inc. v. Exchange Corporation Canada Inc., 2009 ONCA 143

DATE: 20090213

DOCKET: C47629

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Goudge and Epstein JJA.

BETWEEN:

Swytch Delivery Solutions Inc.

Defendant (Appellant)

and

Exchange Corporation Canada Inc.

Plaintiff (Respondent)

Brian M. Campbell for the appellant, Swytch Delivery Solutions Inc.

Atoosa Mahdavian and C. Dunn for the respondent, Exchange Corporation Canada Inc.

Heard: February 12, 2009

On appeal from the decision of Madam Justice Joan L. Lax of the Superior Court of Justice dated August 2, 2007, and reported in the Business Law Reports at (2007), 2007 CanLII 30661 (ON SC), 33 B.L.R. (4th) 237.

APPEAL BOOK ENDORSEMENT

[1] It is conceded that whether or not an exclusive contract existed is a question of fact. There was ample evidence upon which the trial judge could conclude that such an agreement did not exist. In determining the reasonable notice required to terminate the contract concerning the 22 Swytch machines, there was ample evidence upon which the trial judge could conclude that 90 days was a reasonable period.

[2] Accordingly, the appeal is dismissed.

[3] Costs $10,000 all in.