Incredible "Credibility" – Counterfeiter's Evidence In Summary Trial Weighed And Rejected

In Chanel Limited et al v Lam Chan Kee Company Ltd et al, 2015 FC 1091, the Federal Court of Canada recently dealt traders in counterfeit goods another blow, granting a judgment of $380,000 – including $250,000 in punitive and exemplary damages – against two corporations and an individual defendant, Annie Lam, relating to their retail store business "Lam Chan Kee". 

Of particular note, the Court rejected Ms. Lam's submission that the matter must go to trial because of a credibility issue raised by contradictory affidavit evidence.  Instead, the Court found it had sufficient basis to grant judgment under the Court's summary trial procedure, which allows for a proceeding to be adjudicated in a summary manner on affidavit evidence and out-of-court cross-examinations.  Judgment was also granted in default against the two corporations, though the Court dismissed the action against Ms. Lam's husband, absent evidence of his personal involvement in the business.