COURT OF APPEAL FOR ONTARIO

DATE: 2003-11-17 DOCKET: C40494

BETWEEN

VIVITAR CANADA LTD. (Plaintiff/Respondent) – and – VIVITAR CORPORATION (Defendant/Appellant)

AND BETWEEN:

VIVITAR CORPORATION (Plaintiff by Counterclaim/Appellant) – and – VIVITAR CANADA LTD., GENETEC INTERNATIONAL and JOEL SEIGEL (Defendants by Counterclaim/Respondents)

BEFORE: WEILER, LASKIN and MACPHERSON JJ.A.

COUNSEL: John C. L. Ritchie and John R. Hart for the appellant Connie Reeve for the respondents

HEARD & ENDORSED: November 13, 2003

On appeal from the judgment of Justice Joan L. Lax of the Superior Court of Justice dated July 25, 2003.

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

[1] We see no basis for interfering with the motion judge’s conclusion that “all essential terms of the ‘clean break’ scenario were settled by June 16, 2003”. Accordingly, it was appropriate for the motion judge to grant summary judgment.

[2] The appeal is dismissed with costs fixed at $10,000 inclusive of disbursements and GST.