COURT OF APPEAL FOR ONTARIO

RE:

IK-INTERKLIMAT S.p.A (Respondent) – and – COLDMATIC REFRIGERATION OF CANADA LTD. (Appellant)

BEFORE:

WEILER, ABELLA and SIMMONS JJ.A.

COUNSEL:

Patrick T. Summers

for the appellant

Alistair Riswick

for the respondent

HEARD & ENDORSED:

November 19, 2003

On appeal from the judgment of Justice Sidney N. Lederman of the Superior Court of Justice dated September 27, 2002.

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

[1] This is a fact driven appeal. The appellant has not overcome the high hurdle required to overturn a trial judge’s findings of fact.

[2] The appeal is dismissed with costs to the respondent fixed at $5,000.