DATE: 20030501

DOCKET: C39208

COURT OF APPEAL FOR ONTARIO

RE:

MARK COHEN, ANDREW TAYLOR, AVI WALLERSTEIN and LASIK MD INC. (Applicants (Respondents in Appeal)) – and – ANTRANIK KECHICHIAN, RICHARD BAINS, 3914704 CANADA INC., and 1427387 ONTARIO LIMITED (Respondents (Appellants in Appeal))

BEFORE:

CARTHY, ROSENBERG AND CRONK JJ.A.

COUNSEL:

Ronald Carr

for the appellants Antranik, Kechichian and Richard Bains

Eliot N. Kolers and Bradley M. Davis

for the respondents

HEARD:

May 1, 2003

On appeal from the order of Justice James M. Farley of the Superior Court of Justice dated October 30, 2002.

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

[1] The appellant agrees that there was an agreement on all essential terms. There was evidence before the motion judge relating to the territorial ambit of the restrictive covenant and in our view he applied that evidence reasonably and properly to resolve the one outstanding issue.

[2] Appeal dismissed with costs including those on motion before the Registrar at $5,457.00 including G.S.T.