Court of Appeal for Ontario

Date: 2019-04-08 Docket: C65214

Judges: Simmons, Juriansz and Miller JJ.A.

Between

Radio 1540 Ltd. Plaintiff (Respondent)

and

Dil Muhammad and Vivo Canadian Inc. Defendants (Appellants)

Counsel

For the appellants: Cindy Cohen

For the respondent: Patrick Summers

Heard: April 5, 2019

On appeal from: The judgment of Justice Andrew Sanfilippo of the Superior Court of Justice, dated February 28, 2018.

Appeal Book Endorsement

[1] The appellants seek to overturn the decision below by advancing arguments that were rejected by the trial judge and by challenging his findings of credibility.

[2] On our review of the record, we see no basis on which to interfere with the trial judge's findings. It is not our role to retry the case. The appeal is dismissed.

[3] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $15,000, inclusive of disbursements and HST.