COURT OF APPEAL FOR ONTARIO

Page: 43
Strategic Property had used Combined Air to service the HVAC needs in its portfolio of
ten buildings.
[85] In January 2008, Flesch was hired by CRSC. CRSC is in the business of
designing, building and maintaining customized computer and IT infrastructure facilities.
CRSC was also a client of Combined Air prior to the acquisition and often retained
Combined Air as a subcontractor for the HVAC work on its computer room projects.
[86] After Flesch began working with Strategic Property, Aharonian noticed a decrease
in service calls from Strategic Property and advised Flesch via email that he was holding
Flesch responsible. Aharonian‟s concern was magnified when Flesch joined CRSC. In
November 2008, CRSC decided to go with a lower-priced HVAC subcontractor on a
Hydro One project in Barrie. Shortly thereafter, Combined Air commenced this action
alleging, inter alia, that Flesch and Searle had breached their fiduciary duties as senior
employees, and had committed the torts of conversion, misrepresentation and unlawful
interference.
3. Motion for Summary Judgment
[87] Flesch brought a motion for summary judgment arguing that there was no basis for
any of these allegations. Searle took the same position. Following the exchange of
affidavits and cross-examinations of witnesses for the summary judgment motion,
Combined Air amended the statement of claim to include allegations that Flesch had