Court of Appeal for Ontario

Citation: S.I. Systems Partnership v. Geng, 2022 ONCA 138

Date: 2022-02-11

Docket: C69018

Before: Simmons, Pardu and Brown JJ.A.

Between:

S.I. Systems Partnership

Plaintiff (Appellant)

and

Li Geng, Xin Xu a.k.a. Jimmy Xu, Quarksys Consulting Inc. and X & C Hi-Tech Inc.

Defendants (Respondents)

Counsel:

Jennifer Dolman and Isabelle Crew, for the appellant

Melynda Layton and Kenneth Krupat, for the respondents

Heard: February 11, 2022 by video conference

On appeal from the judgment of Justice Calum U.C. MacLeod of the Superior Court of Justice, dated December 23, 2020.

Appeal Book Endorsement

[1] The trial judge dismissed the appellant's claim for breach of restrictive covenants in its contracts with the respondent independent contractors. In his reasons, the trial judge found the covenants had not been brought to the attention of Mr. Geng and Quarksys Consulting Inc.; that they were, in any event, unenforceable; and further, that the appellant had not proven its damages. The appellant has not appealed the finding concerning damages. In the circumstances, we see no basis on which to set aside the trial judge's order dismissing the action. The appeal is therefore dismissed.

[2] Costs of the appeal are to the respondents, fixed in the amount of $30,000 on a partial indemnity scale inclusive of disbursements and applicable taxes.