Court of Appeal for Ontario

CITATION: Marouswanian v. Chromalogic Group Inc., 2007 ONCA 387

DATE: 20070523

DOCKET: C46274

LASKIN, MOLDAVER and SHARPE JJ.A.

BETWEEN:

ANTOINE MAROUSWANIAN, also known as JACK KALADJIAN

Plaintiff (Respondent)

and

CHROMALOGIC GROUP INC., DAVID CHO, JOE COUGHLIN, LORNE LORENZON, VINCE SOMERS & EDDIE WONG

Defendants (Appellants)

Counsel:

Richard J. Mazar for the appellants

Larry H. Franschman for the respondent

Heard and released orally: May 22, 2007

On appeal from the judgment of Justice John A.B. MacDonald of the Superior Court of Justice dated October 27, 2006.

APPEAL BOOK ENDORSEMENT

[1] Only paragraph one of the order of the trial judge is in issue. In this court the appellants contended that there was no settlement because one component of that settlement, the wrongful dismissal claim, has not been resolved. We do not accept the appellants’ contention.

[2] The parties agreed that the respondent was to be paid 16% of the value of the company. We assume that in valuing the company, the business valuators SLF, will take account of the contingency of the wrongful dismissal claim. That the wrongful claim has not been resolved affords no basis to set aside the agreement reflected in paragraph one of the trial judge’s order.

[3] The appeal is therefore dismissed with costs, fixed at $5,000, all inclusive.