DATE: 20050118

DOCKET: C42621

COURT OF APPEAL FOR ONTARIO

RE:

EURODESIGN UPHOLSTERING LTD. (Applicant/Appellant) – and - JOE MARCANTONIO, 1039235 ONTARIO LIMITED and DANIEL MARCANTONIO (Respondents)

BEFORE:

DOHERTY, BORINS and SHARPE JJ.A.

COUNSEL:

Thomas S. Kent

for the appellant

Marco Drudi

for the respondents

HEARD & ENDORSED:

January 17, 2005

On appeal from the judgment of Justice Clair Marchand of the Superior Court of Justice dated November 9, 2004.

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

[1] In dismissing the appellant’s application for a permanent injunction, Marchand J. found in para.s 18 and 21 of his reasons that there was no evidence that the appellant had sustained irreparable harm as a result of the operation of a competing business by the respondent. This finding is supported by the record. As the appellant was required to show that it had sustained irreparable harm not compensable in damages, this finding is a complete answer to the appellant’s application.

[2] Therefore, the appeal is dismissed with costs of the motion and the appeal fixed at $25,000 inclusive of disbursements and GST.