DATE: 20030911 DOCKET: C38441

COURT OF APPEAL FOR ONTARIO

RE:

LOGIC 2000 INC. (Plaintiff/Appellant) v. CNC GLOBAL LIMITED AND THE CONTRACTORS NETWORK CORPORATION AND BRIAN CHEESMAN (Defendants/Respondents)

BEFORE:

O'CONNOR A.C.J.O., LASKIN & FELDMAN JJ.A.

COUNSEL:

R. Paul Marshall for the appellant

Stephen Bernofsky and Ken Naftel for the respondents

HEARD & ENDORSED:

September 8, 2003

On appeal from judgment of Forget J. dated April 12, 2002 and May 28, 2002.

APPEAL BOOK ENDORSEMENT

[1] The reasonable efforts clause in the addendum applies only to the non-solicitation clause and not to the non-competition clause. There is no evidence that Mr. Cheesman breached the non-solicitation clause. In view of our conclusion as to the meaning of the reasonable efforts clause, it is not necessary to address the appellant's argument that the trial judge's conclusion that CNC used reasonable efforts was in error. We do not give effect to the first ground of appeal.

[2] The appellant did not have a proprietary interest in the allegedly confidential information and accordingly had no basis on which to assert a claim for misuse of confidential information.

[3] The appeal is, therefore, dismissed.