Liu v. Hao

Liu v. Hao

The Court dismissed the appeal because the uncontested evidence established an agency relationship and that appellants benefitted from funds transacted through DHPC's trust account; summary judgment was therefore properly granted under the Hryniak framework, justifying joint and several liability, punitive damages, and denial of leave to appeal the costs award.

Citation
2025 ONCA 883
Parties
Plaintiffs/moving Parties (respondents): Baochong Liu; Yueming Qiao (also known as Mike Qiao); Yali Wang; Yinghui Zhu; Yanhui Liang; Viktoriia Jin; Defendants/responding Parties (appellants): David Hao; David Hao Professional Corporation; Dongxia Zhao (also known as Helen Zhao); Suyun Lu; 2640353 Ontario Inc.; Dunhua Yuan (also known as Donahue Yuan); Zijian Liu; Bao Ying Sun (also known as Baoying Sun); Ping Yuan
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 December 2025
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Agency/ostensible Authority, Joint and Several Liability, Punitive Damages, Professional Conflict of Interest, Misapplication of Trust Funds, Leave to Appeal Costs
Source Language
English
Civil Fraud Property Law Mortgage Law Trusts Agency Law Costs Summary Judgment +6 more

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Parties

Baochong Liu; Yueming Qiao (also known as Mike Qiao); Yali Wang; Yinghui Zhu; Yanhui Liang; Viktoriia Jin

Plaintiffs/moving Parties (respondents)

David Hao; David Hao Professional Corporation; Dongxia Zhao (also known as Helen Zhao); Suyun Lu; 2640353 Ontario Inc.; Dunhua Yuan (also known as Donahue Yuan); Zijian Liu; Bao Ying Sun (also known as Baoying Sun); Ping Yuan

Defendants/responding Parties (appellants)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate under Hryniak framework
  2. 2 Whether DHPC and its employees were agents of 2640353 Ontario Inc. when payments were made
  3. 3 Whether appellants benefitted from misapplied trust funds

Ratio Decidendi

The Court dismissed the appeal because the uncontested evidence established an agency relationship and that appellants benefitted from funds transacted through DHPC's trust account; summary judgment was therefore properly granted under the Hryniak framework, justifying joint and several liability, punitive damages, and denial of leave to appeal the costs award.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of $20,000 payable by the appellants to the respondents, inclusive of applicable taxes and disbursements