Vivitar Canada Ltd. v. Vivitar Corporation

Vivitar Canada Ltd. v. Vivitar Corporation

The Court held there was no basis to interfere with the motion judge's finding that all essential terms of the 'clean break' settlement were settled by June 16, 2003; accordingly summary judgment was properly granted and the appeal was dismissed.

Citation
C40494
Parties
Plaintiff/respondent: Vivitar Canada Ltd.; Defendant/appellant: Vivitar Corporation; Plaintiff by Counterclaim/appellant: Vivitar Corporation; Defendants by Counterclaim/respondents: Vivitar Canada Ltd., Genetec International and Joel Seigel
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 November 2003
Procedural Posture
Collection / Appeal From Superior Court; Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Settlement Agreement, Costs, Appeal
Source Language
English
Civil Collection Civil Procedure Appeal Summary Judgment Settlement Agreement Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Vivitar Canada Ltd.

Plaintiff/respondent

Vivitar Corporation

Defendant/appellant

Vivitar Corporation

Plaintiff by Counterclaim/appellant

Vivitar Canada Ltd., Genetec International and Joel Seigel

Defendants by Counterclaim/respondents

Procedural Posture

Collection / Appeal From Superior Court; Summary Judgment Motion

Legal Issues

  1. 1 Whether summary judgment was appropriate
  2. 2 Whether all essential terms of the proposed 'clean break' settlement were settled by June 16, 2003
  3. 3 Whether the Court of Appeal should interfere with the motion judge's factual and discretionary conclusions

Ratio Decidendi

The Court held there was no basis to interfere with the motion judge's finding that all essential terms of the 'clean break' settlement were settled by June 16, 2003; accordingly summary judgment was properly granted and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed at $10,000 inclusive of disbursements and GST
  • Summary judgment granted by the motion judge affirmed