Court File and Parties

CITATION: 1011260 Ontario Inc. v. Gino's Pizza Inc., 2009 ONCA 119

DATE: 20090206

DOCKET: C48329

COURT OF APPEAL FOR ONTARIO

Laskin, Feldman and Cronk JJ.A.

BETWEEN

Gino’s Pizza Inc.

Applicant

and

1011260 Ontario Inc. and Rezza Goran

Respondent

AND BY COUNTER-APPLICATION

1011260 Ontario Inc. and Rezza Goran

Applicant in the Counter-Application (Respondent)

and

Gino’s Pizza Inc.

Respondent in the Counter-Application (Appellant)

Counsel: Robert A. Watson, for the appellant Steven D. Gadbois, for the respondent

Heard: February 5, 2009

On appeal from the order of Regional Senior Justice C. Stephen Glithero of the Superior Court of Justice dated January 28, 2008.

APPEAL BOOK ENDORSEMENT

[1] The respondent seeks to maintain only its claim for damages. We agree with Regional Senior Justice Glithero that this claim is not foreclose by res judicata.

[2] Accordingly, the appeal is dismissed with costs fixed in the amount of $4,000, inclusive of disbursements and G.S.T.