Court of Appeal for Ontario

Filtran Limited v. Computerized Cutters Ltd.

Date: 2000-04-18

Peter S. Mirsky (Mirsky Pascoe), for the defendant/appellant;

Christopher E. Clermont, for the plaintiff/respondent;

(Court File No. C31110)

[1] Carthy, J.A.: This is a fact driven case and we see no basis upon which we could interfere with the trial judge's findings. She found on the evidence that this was a contract to copy and not to design, there was evidence to support that conclusion, and everything else flows directly from this finding.

[2] The appeal is dismissed with costs.

Appeal dismissed.