DATE: 20050308

DOCKET: C40891

COURT OF APPEAL FOR ONTARIO

RE:

SOL NEGER (Applicant/Respondent in Appeal) v. ARIEH EREZ, GUY EREZ, ZAFFRIR ROMI, BRILLIANT-C DIAMONDS INC. and 1156086 ONTARIO LIMITED (Respondents/Appellant in Appeal)

BEFORE:

DOHERTY, LASKIN and MACFARLAND JJ.A.

COUNSEL:

Leo Klug

for the appellant Guy Erez

Fred A. Platt

for the respondent

HEARD & ENDORSED:

March 7, 2005

On appeal from the judgment of Justice Colin Campbell of the Superior Court of Justice dated October 24, 2001 and October 30, 2003.

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

[1] The motion judge properly described the applicable law. He rejected the appellant’s denial that he had no knowledge of the relevant term. There was ample evidence from which the motion judge could infer that the appellant had the requisite knowledge, or minimally was wilfully blind as to the existence of the relevant provisions in the order. The appellant has not demonstrated any reversible error in that factual finding.

[2] In any event, the appellant admitted breaching the non-compete clause after he was personally served with the contempt motion. That conduct alone would support the finding made by the motion judge.

[3] The appeal is dismissed and the cross-appeal dismissed as abandoned. Costs to the respondent on a partial indemnity basis in the amount of $12,000.00, inclusive of disbursements and GST.