DATE: 20050708

DOCKET: C42314

COURT OF APPEAL FOR ONTARIO

RE:

LONG & FRESH ENTERPRISES INTERNATIONAL LTD. (Plaintiff/Respondent) v. WILLY PRODUCE INC. and MATTHEW SITU also known as YAO JUN SITU (Defendants/Appellants)

BEFORE:

DOHERTY, MACPHERSON and CRONK JJ.A.

COUNSEL:

P. Ngan

for the appellant

R. Worsfold

for the respondent

HEARD & ENDORSED:

July 7, 2005

On appeal from the judgment of Justice Stinson of the Superior Court of Justice dated July 23, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The parties acknowledged at trial and on appeal that credibility was the crucial issue at trial. The trial judge appreciated that credibility was the central issue. He thoroughly reviewed the evidence and the arguments of the parties. He ultimately determined that neither of the main witnesses were reliable. He gave reasons for that conclusion.

[2] The trial judge then turned to the documentary evidence, particularly the contract relied on by the respondent. He rejected the evidence offered by the main witnesses for the appellant that the document was a “fake”. He gave reasons for rejecting that explanation. Ultimately, the trial judge gave effect to the language of the agreement.

[3] We see no error in the trial judge’s approach to the issues or on his assessment of those issues.

[4] The appeal is dismissed. Costs to the respondent in the amount of $5,000.00, inclusive of disbursements and GST.