DATE: 20051222

DOCKET: C43872

COURT OF APPEAL FOR ONTARIO

RE:

MEGADAWN PRINTED CIRCUITS INC. (Plaintiff/Respondent) – and – STRATAFLEX CORPORATION and MALCOLM GISSING (Defendants/Appellants)

BEFORE:

BORINS, FELDMAN and ARMSTRONG JJ.A.

COUNSEL:

William A. Chalmers

for the appellant

Robert W. Baldwin

for the respondent

HEARD & ENDORSED:

December 21, 2005

On appeal from the judgment of Justice Blenus Wright of the Superior Court of Justice dated July 7, 2005.

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 error in the reasons of the trial judge when, in the absence of any evidence to the contrary by the appellants, he allowed the respondent’s claim of $164,444.27, being 33 per cent of $498,316 which was the tax credit figure in the SRED submission which the respondent prepared for the fiscal year 2002. We would, therefore dismiss the appeal. The respondent will have its costs on a partial indemnity scale fixed at $10,000 and GST. Any monies paid into the court by the respondent are to be paid to the respondent.