COURT OF APPEAL FOR ONTARIO

DATE: 20000710

DOCKET: C30646

RE: PAUL KORDISH AND KORTECH INC. (Plaintiffs/Respondents) and INNOTECH MULTIMEDIA CORPORATION (Defendant/Appellant)

BEFORE: MORDEN, CATZMAN AND MOLDAVER

COUNSEL: Soliman A. Mangal
For the appellant

Andrew C. Lewis
For the respondent

HEARD: July 4, 2000

On appeal from the judgment of Campbell J. dated September 4, 1998.

E N D O R S E M E N T

[1] While it would have been preferable if the plaintiff’s statement of claim contained more particulars than it did with respect to the claim of Kortech Inc., it is clear that Kortech was asserting the claim against the defendant to which the trial judge gave effect.

[2] Apart from this pleading point, the only other issue raised on the appeal was whether or not five months was the appropriate period as a basis for the award of damages. The appellant submitted that it was far too high.

[3] While we would have been inclined to base our award on a lesser period of time, we cannot say that the trial judge’s award is outside the acceptable range. Accordingly, the appeal is dismissed with costs.

“J.W. Morden J.A.”

“M.A. Catzman J.A.”

“M. Moldaver J.A.”