Z-Mark International Inc. v. Pitney Bowes of Canada Ltd.
The Court of Appeal found no error in the trial judge's liability finding and accepted the factual findings that the appellant suffered no loss of business after delivery and that the respondent made no sales thereafter, and therefore dismissed the appeal with costs.
Source-derived case information.
- Citation
- C25623
- Parties
- Appellant: Z-Mark International Inc.; Respondent: Pitney Bowes of Canada Ltd.; Respondent: Leng Novak Blais Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 June 1999
- Procedural Posture
- Collection / Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Liability, Damage Assessment, Loss of Business, Delivery of Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Z-Mark International Inc.
Appellant
Pitney Bowes of Canada Ltd.
Respondent
Leng Novak Blais Inc.
Respondent
Procedural Posture
Collection / Appeal
Legal Issues
- 1 Whether Pitney Bowes was liable
- 2 Whether the trial judge erred in assessing damages for the period after delivery of the agreement
- 3 Whether there was evidentiary support for a finding of no loss of business and no sales by the respondent after delivery
Ratio Decidendi
The Court of Appeal found no error in the trial judge's liability finding and accepted the factual findings that the appellant suffered no loss of business after delivery and that the respondent made no sales thereafter, and therefore dismissed the appeal with costs.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Z-Mark International Inc. v. Pitney Bowes of Canada Ltd. Collection Decisions of the Court of Appeal Date 1999-06-10 Docket numbers C25623 Judges Carthy, James Joseph; Doherty, David H.; Austin, Allan McNiece Subject Civil Decision Content DATE: 19990610 DOCKET: C25623 COURT OF APPEAL FOR ONTARIO RE: Z-MARK INTERNATIONAL INC. (Plaintiff (Appellant)) and PITNEY BOWES OF CANADA LTD. and LENG NOVAK BLAIS INC. (Defendants (Respondents)) BEFORE: CARTHY, DOHERTY AND AUSTIN JJ.A. COUNSEL: Peter E.J. Wells and Mark S. Mitchell For the appellant Michael T. Tamblyn For the respondent Leng Novak Blais Inc. F. Paul Morrison For the respondent Pitney Bowes of Canada Ltd. HEARD: June 7, 1999 On appeal from the judgment of Spence J. dated August 30, 1996 made at Toronto, Ontario. ENDORSEMENT [1] We see no error in the reasons of Spence J. as to the liability of Pitney Bowes. There is no specific discussion in the reasons as to the period following delivery of the agreement to Pitney Bowes, but there is a finding supported by the evidence, that the appellant suffered no loss of business thereafter and that the respondent made no sales thereafter. These were the alternative foundations for a damage assessment. [2] The appeal is therefore dismissed with costs. “J.J. Carthy J.A.” “Doherty J.A. “Austin J.A.”