COURT OF APPEAL FOR ONTARIO
Cronk, Rouleau and Tulloch JJ.A.
BETWEEN
Eagle Professional Resources Inc.
Appellant (Plaintiff)
and
Matt MacMullin, Shane Reiffenstein, Matthew Emberley and Maplesoft Group
Respondents (Defendants)
James C. Morton, for the appellant
George J. Karayannides and Laura Brazil, for the respondents
Heard and released orally: October 15, 2013
On appeal from the judgment of Justice Robert. F. Goldstein of the Superior Court of Justice, dated April 5, 2013.
ENDORSEMENT
1The appellant argues that the motion judge erred in allowing the respondents' summary judgment motion and in dismissing the claim.
2In the appellant’s submission, the factual issues raised require a trial to be resolved because there is some conflicting evidence and findings of credibility are needed.
3We disagree. This was a straightforward case. The appellant’s statement of claim and material filed in response to the motion consisted of bald allegations and related a few specific incidents that raised suspicion as to the possibility that the respondents had acted in breach of their non-competition and non-solicitation obligations.
4The appellant’s bald allegations were denied by each of the individual respondents. Each of the specific incidents raised by the appellant was fully explained by the respondents.
5The appellant did not cross-examine the respondents or otherwise challenge the explanations they tendered. However, the failure to cross-examine did not mean that there were live issues for trial, despite the appellant’s suggestion to the contrary.
6A party responding to a motion for summary judgment must put his best foot forward. In the absence of any challenge by the appellant to the explanations proffered by the respondents, the motion judge was able to decide the motion for summary judgment without having to make any findings of credibility.
7The full appreciation test was met without the need for a trial.
8For these reasons, the appeal is dismissed.
9Costs of the appeal to the respondents fixed in the amount of $10,000, inclusive of disbursements and taxes.
“E.A. Cronk J.A.”
“Paul Rouleau J.A.”
“M.H. Tulloch J.A.”
