Court of Appeal for Ontario

Citation: Nine-North Logistics Inc. v. Atkinson, 2015 ONCA 913

Date: 2015-12-24

Docket: C59912

Before: Simmons, LaForme and Huscroft JJ.A.

Between

Nine-North Logistics Inc.

Plaintiff

Defendant by Counterclaim

(Appellant)

and

Murray Atkinson

Defendant

Plaintiff by Counterclaim

(Respondent)

Counsel:

Joseph J. Neal, for the appellant

Ashley H. McInnis, for the respondent

Heard: December 10, 2015

On appeal from the order of Justice G.P. DiTomaso of the Superior Court of Justice, dated December 15, 2014.

ENDORSEMENT

[1] The appellant appeals from the motion judge’s summary judgment order dismissing the appellant’s claim for breach of a non-competition covenant.

[2] At its core, the appellant’s claim is that the respondent was a director of Ray Den Holdings Inc. and that Ray Den supplied a refrigerated truck to a competitor of the appellant’s, Romeo’s Trucking, for free. The motion judge found that AT Ventures was paying rental payments to Ray Den for the refrigerated truck. There was evidence capable of supporting this specific finding and this finding permitted the motion judge to reject the appellant’s claim.

[3] The appeal is therefore dismissed. Costs of the appeal to the respondent fixed in the amount of $15,000 all in on a partial indemnity basis, as agreed.

“Janet Simmons J.A.”

“H.S. LaForme J.A.”

“Grant Huscroft J.A.”