Graham v Roberts
Goldenkey Oil Inc.
Law Firm / Organization
McCarthy Tétrault LLP
Shougen Song
Law Firm / Organization
Blake, Cassels & Graydon LLP
Xiaoyu Gu
Law Firm / Organization
Blake, Cassels & Graydon LLP
Song International Holdings Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Indepth Energy Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Indepth Investments Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP

Case Overview:
The plaintiff, Goldenkey Oil Inc., alleged that Shougen Song and other defendants conspired to defraud it through an "invoice markup" scheme, improperly diverting funds via shell companies. The case also involved allegations of fraudulent conveyance concerning the transfer of a property in Vancouver from Shougen Song to his wife, Xiaoyu Gu.

Legal Arguments/Issues:
The key legal issues were:

  • Allegations of fraud, conspiracy, breach of fiduciary duty, and unjust enrichment.
  • A claim of fraudulent conveyance, asserting that the 2015 transfer of property by Shougen Song to Xiaoyu Gu aimed to avoid creditors.
  • The use of a Certificate of Pending Litigation (CPL) to secure the property, pending judgment outcomes.
  • Defendants sought dismissal of the British Columbia (BC) action for want of prosecution and the discharge of the CPL.

The court determined that Goldenkey Oil Inc. exhibited inordinate and inexcusable delay in prosecuting the BC action. Although intertwined with a related Alberta action, the delay in advancing the BC case was unjustified.

Outcome and Costs:
The BC action was dismissed for want of prosecution, and the CPL was consequently discharged. The dismissal was without prejudice to ongoing claims in the Alberta action. The court awarded costs to the defendants, though the exact monetary amount was not specified in the judgment.

Supreme Court of British Columbia
S162031
Civil litigation
Defendant