1041192 B.C. Ltd. v. 1084503 B.C. Ltd.
1041192 B.C. Ltd.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
1084503 B.C. Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Tao Tommy Yuan
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Wen Yan Li
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Canada Berries Holdings Inc.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Canada Berries Winery Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Canada Berries Enterprises Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Canada Berries Group Companies (2015) Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Canada Asia Business Network Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Cabn Management & Holdings Ltd.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

Top Western Cultural Exchange Inc.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Song Xue

  • Facts: 1041192 B.C. Ltd. advanced $1,795,853 to Canada Berries Holdings Inc. (CBHI) in 2016 for a 35% share ownership. The investment was later converted into a shareholder loan, which Mr. Yuan personally guaranteed. Allegations include breaches of agreements by the defendants and misuse of CBHI's funds.

  • Issue: The main issues included whether the defendants failed to comply with court orders related to the production of documents and whether they should be held in contempt for such failures.

  • Court's Ruling: The court found that the defendants did not comply with their obligations to produce documents as per court orders. However, the court chose not to exercise its discretion to find the defendants in contempt, citing significant progress in compliance and resolution of many issues between the parties. The court found contempt to be an enforcement tool of last resort, unnecessary given the circumstances.

  • Costs/Damages Awarded: The court ordered that Mr. Yuan and CBHI were jointly and severally liable to the plaintiff in the amount of $1,795,853, to be paid from the proceeds of the sale of the Property. There was also a payment of $2 million made to the plaintiff, and the plaintiff relinquished its shares in CBHI. The specific breakdown of costs or further damages awarded was not detailed in the provided information.

Supreme Court of British Columbia
S209580
Corporate & commercial law
$ 3,795,853
Plaintiff