Plaintiff
Defendant
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.
Court
Supreme Court of British ColumbiaCase Number
S209580Practice Area
Corporate & commercial lawAmount
$ 3,795,853Winner
PlaintiffTrial Start Date
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