COURT OF APPEAL FOR ONTARIO

Page: 46
[93] Matt Eaton, the son of CRSC‟s owner, Greg Eaton, testified that in June 2008,
CRSC was invited to submit a bid for a server room upgrade at the Pickering Civic
Complex. This bid included amounts for architectural services, electrical work,
mechanical (HVAC) work and equipment rentals. The HVAC component comprised just
under one-third of the overall cost of the bid. CRSC‟s bid was for much more than just
the HVAC work and the HVAC work was to be subcontracted to Combined Air. The
motion judge concluded that Combined Air‟s only specific example of alleged
competition actually supported the respondents.
5. Issues
[94] Combined Air raises the following issues:
6. Analysis
(1) Did the motion judge err by finding that CRSC was not
a “same or similar business” to, and that it did not
“compete” with, Combined Air?
(2) Did the motion judge err in exercising his power to
order the presentation of oral evidence under rule
20.04(2.2)?
(1) Did the motion judge err by finding that CRSC was not a “same or
similar business” to, and that it did not “compete” with, Combined
Air?
[95] Combined Air submits that the motion judge erred by misconstruing the definition
of the terms “same or similar” and “competes” in the acquisition agreement. According