DATE: 20040414

DOCKET: C39739 & C41177

COURT OF APPEAL FOR ONTARIO

RE: BRADLEY HENDERSON (Plaintiff (Appellant)) – and – SUPPLY CHAIN MANAGEMENT DIALTONE INC., DEREK J. RITZ, and JUDD BEDFORD (Defendants (Respondents)

CLAIRE ST. PIERRE (Plaintiff (Appellant)) – and - SUPPLY CHAIN MANAGEMENT DIALTONE INC., OBVIOUS PROFESSIONAL SERVICE INC., DEREK J. RITZ, PAUL AUSSEM and JUDD BEDFORD (Defendants (Respondents)

BEFORE: DOHERTY, MOLDAVER and FELDMAN JJ.A.

COUNSEL: John Russo

For the appellant Bradley Henderson

Clair St. Pierre

In Person

Michael A. Jaeger

For the respondent Derek Ritz

Paul Aussem

In person

HEARD: April 1, 2004

RELEASED ORALLY: April 1, 2004

On appeal from the order of Justice David S. Crane of the Superior Court of Justice dated February 10, 2003.

E N D O R S E M E N T

[1] In our view there was some evidence from which it can be inferred that the respondent Ritz was a director of the corporation at the relevant times.

[2] The motion judge appeared to have weighed the evidence in concluding that there was no genuine issue for trial. With respect, he erred in that regard.

[3] In respect of the respondent Aussem in the St. Pierre claim, the evidence that suggests he was appointed a director of the corporation does not include any evidence that he agreed to the appointment. We therefore agree with the motion judge that on the record there is no genuine issue for trial with respect to the respondent Aussem.

[4] We are also satisfied that on the limitation issue in the Henderson action, there is a genuine issue for trial.

[5] In the result, we would allow the appeal in both actions in respect of the respondent Ritz, and dismiss the appeal in the St. Pierre action with respect to the respondent Aussem.

Signed: “Doherty J.A.”

“M. J. Moldaver J.A.”

“K. Feldman J.A.”