Canada Case Law

Liu v. Ni

Court

Supreme Court of British Columbia

Plaintiffs failed to meet the balance of probabilities on all major claims due to unreliable or missing documentary evidence, credibility findings (plaintiffs found deceptive regarding Chinese estate division), inadequate pleadings and disclosure, and procedural defects; the court refused recognition/enforcement in Canada of the RMB 27,800,000 Chinese civil judgment because of a reasonably based concern as to China’s judicial independence; accordingly the plaintiffs' claims (family compensation, debt claims, unjust enrichment, conversion, fraudulent misrepresentation) are dismissed. The court…

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• Enforcement of foreign arbitration and court awards
• Authenticity of financial instruments
• Judicial notice and judicial independence
• Burden and standard of proof
• Fraudulent conveyance
• Family compensation damages

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Chen v. Lin

Court

Supreme Court of British Columbia

The 2019 Agreement contained clear wording naming En Yung Lin as a personal guarantor for unpaid amounts upon Javet discontinuing business; Javet discontinued its trucking operations when core assets and operations transferred to Innovade and insurance ceased; the January 2023 Repayment Agreement and Innovade's operational assumption of payments did not contain words of release nor evidence a novation or accord and satisfaction that would extinguish the existing guarantee; therefore the guarantee was triggered and remained enforceable and Mr. Lin is personally liable for the outstanding debt…

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• Personal guarantee
• Novation
• Repayment agreement
• Contractual interpretation
• Accord and satisfaction
• Fraudulent conveyance

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Khaira v. Randhawa

Court

British Columbia Court of Appeal

The appeal is allowed in part: post-judgment interest is governed by the Court Order Interest Act and cannot be displaced by a contractual rate; however, where a tort (civil conspiracy) deprived the plaintiff of the ability to collect a contractual debt, the tort damages include the principal and contractual interest accrued to the date of the deprivation, and the court may appropriately apply the contractual rate under s.1 of the Act for the prejudgment period to the date of the order.

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• Post-judgment interest
• Pre-judgment interest
• Contractual interest
• Fraudulent conveyance
• Civil conspiracy
• Declaration of trust

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Zhang Estate v. Yin

Court

Supreme Court of British Columbia

The court found Tong Zhang was the true investor in several British Columbia real estate projects and held Hang Yin liable for fraud, trust breaches, and related equitable wrongdoing.

• Civil fraud
• Breach of trust
• Knowing assistance
• Knowing receipt
• Fraudulent conveyance
• Oppression remedy

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Atom Holdings (Re)

Court

Supreme Court of British Columbia

The court declined to stay or transfer Atom Holdings’ BC action to Hong Kong under CJPTA s. 11, finding British Columbia remained the better forum.

• Forum non conveniens
• Territorial jurisdiction (cjpta s.11)
• Anton piller order
• Mareva/freeze orders
• Recognition of foreign insolvency proceedings
• Breach of fiduciary duty

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Chen v. Huang

Court

Court of Appeal for Ontario

The Court of Appeal upheld the validity of two mortgages, rejecting claims of fraudulent conveyance and confirming the second mortgagees’ partial indemnity costs.

• Shareholders oppression
• Fraudulent conveyance
• Mortgage enforceability
• Bona fide purchaser for value without notice
• Consideration
• Standard charge terms

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Mori v. Lobb

Court

British Columbia Court of Appeal

Leave to appeal from a mid-trial refusal to order third-party records was dismissed. The court found no reviewable error and held an appeal would disrupt trial management.

• Third-party document production
• Leave to appeal
• Discretionary trial rulings
• Fraudulent conveyance
• Business valuation
• Trial management

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Samra v. Lalli

Court

Supreme Court of British Columbia

The court held that Samra and the Paddas were successful parties and awarded ordinary costs before July 12, 2024 and special costs thereafter for Lalli’s reckless fraudulent conveyance claims.

• Costs
• Special costs
• Fraudulent conveyance
• Unjust enrichment
• Spousal support
• Disclosure

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D’Aoust v. Dagesse

Court

Supreme Court of British Columbia

The court found British Columbia had jurisdiction over a claim concerning Mabry Road, but stayed the proceeding pending resolution of the Alberta property issues.

• Jurisdiction
• Forum non conveniens
• Certificate of pending litigation
• Fraudulent conveyance
• Property division
• Stay

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Bajwa v. Bajwa

Court

Supreme Court of British Columbia

The court awarded costs to the claimant and the parents, but denied special costs, double costs, increased costs, and a judge-led costs assessment.

• Costs
• Special costs
• Double costs
• Offer to settle
• Fraudulent conveyance
• Division of family property

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