DATE: 20020924
DOCKET: C37368
COURT OF APPEAL FOR ONTARIO
RE: ALPHA MARATHON TECHNOLOGIES INC. (Respondent/Plaintiff) – and – SHANGHAI ZIHUA WHITECAT COLOR PRINTING CO. LTD., SHANGHAI ZIJIANG COLOR PRINTING AND PACKAGING CO. LTD., WINDMOELLER & HOELSCHER AND JOHS. RIECKERMANN (Appellants/Defendants)
BEFORE: McMURTRY C.J.O., CARTHY AND GOUDGE JJ.A.
COUNSEL: Jonathan C. Lisus For the appellants Windmoeller & Hoelscher D. W. Lalonde For Johs. Rieckermann A. Paul Gribilas For the respondent
HEARD: September 17 and 18, 2002
On appeal from the order of Justice Frank K. Roberts dated November 6, 2001.
ENDORSEMENT
Released Orally September 18, 2002
[1] Our review of the reasons of Roberts J., and the record before him, satisfies us that he properly considered the relevant factors and found a sufficient connection to Ontario to reach the result he did as to jurisdiction.
[2] He relied particularly and properly on the plaintiff being in on Ontario, the harm being suffered here and the nature of the tort which, as pleaded, has the appellants effecting a breach of contract here. It would have been reasonably anticipated by the defendants that their actions would have caused harm in Ontario, sufficient to found jurisdiction for this litigation.
[3] The appeal must therefore be dismissed. The appellants shall each pay $4,000 by way of costs to the respondent.
"R.R. McMurtry C.J.O."
"J.J. Carthy J.A."
"S.T. Goudge J.A."