DATE: 2003-12-19

DOCKET: C38694

COURT OF APPEAL FOR ONTARIO

RE:

379107 ONTARIO LIMITED carrying on business as TNT APPLIANCE SERVICE AND GOLDEN COIN VENDING SERVICES LIMITED (Plaintiffs/Appellants) v. COINAMATIC CANADA INC. (Defendant/Respondent in Appeal)

BEFORE:

McMURTRY C.J.O., ROSENBERG AND GILLESE JJ.A.

COUNSEL:

Fred Tayar for the appellants

Michael E. Royce for the respondent

HEARD & ENDORSED:

December 17, 2003

On appeal from the decision of Justice Jennings dated July 16, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] We are not satisfied that we should interfere with the decision of Jennings J. who found that none of the confidential material provided by the appellant to the respondent was used by or assisted the respondent in obtaining the Goldlist contract. His finding in this respect is supported by the evidence of the employee of Goldlist most involved in the negotiations with the respondent.

[2] The finding is further supported by the evidence accepted by the trial judge that the minimum price agreed upon between Goldlist and the respondent occurred in February 1998 before any confidential information had been supplied by the appellant to the respondent.

[3] While the appellant submits that the trial judge overlooked evidence that showed there had been a misuse of the confidential information, we are not satisfied that the trial judge made any palpable or overriding error.

[4] The appeal is therefore dismissed and the respondent is entitled to its costs in the amount of $10,000.