Court of Appeal for Ontario

CITATION: Longyear Canada v. 897173 Ontario Inc., 2009 ONCA 266

DATE: 20090325

DOCKET: C48776

Doherty, MacPherson and MacFarland JJ.A.

BETWEEN:

Longyear Canada, ULC (formerly Boart Longyear Inc.) and Boart Longyear Alberta Limited carrying on business in partnership as Boart Longyear Canada, and Boart Longyear International Holdings, Inc.

Plaintiffs (Appellants)

and

897173 Ontario Inc., carrying on business as J.N. Precise, Joseph Michael Guido, Kenneth John Perrin, Steven Hans Boesche, Donald Daniel Cappadocia, Sandvik Mining and Construction Canada Inc., Sandvik Mining and Construction AB, and Sandvik AB

Defendants (Respondents)

Counsel:

R.S. Harrison, for the appellants, Longyear Canada et al.

Eliot Kolers, for the respondents, Sandvik Mining Canada

Heard: March 16, 2009

On appeal from the order of Justice Conway of the Superior Court of Justice dated April 30, 2008.

APPEAL BOOK ENDORSEMENT

[1] On consent, the appeal is allowed and an order to go per draft order filed and approved.