Court of Appeal for Ontario

Date: November 16, 2018 Docket: C64378

Justices: Watt, Miller and Nordheimer JJ.A.

Between

Ryu Electric Inc. Plaintiff (Respondent)

and

Sam Bung Hong a.k.a Danny Hong, c.o.b. as Intaglio Design Defendant (Appellant)

Counsel

Tony N. Nguyen, for the appellant

James H. Herbert, for the respondent

Hearing and Appeal

Heard: November 13, 2018

On appeal from: The judgment of Justice Joseph Di Luca of the Superior Court of Justice, dated August 29, 2017.

Appeal Book Endorsement

[1] The appellant seeks to overturn the trial judge's well-documented findings of fact and credibility. It is well-established that it is not the role of this court to retry cases. The appellant has failed to demonstrate any error of law or palpable and overriding error of fact in the trial judge's assessment of the evidence and application of governing principles. The appeal is dismissed. Costs of $4,500 inclusive of disbursements and applicable taxes payable by the respondent to the appellant.