Plaintiff
Defendant
Background: Xiaoqin Yang and Ming Zhang, the plaintiffs, brought a case against Ping Hui Lu, Unison International Holdings Ltd., Baocheng Su, Yong Jiu Jiang, and Chang Jun Qiao. This proceeding was related to a previous case, Zhang v. Zhang, 2022 BCSC 2156. The plaintiffs alleged that the defendants breached trust and committed fraudulent misrepresentation concerning investments in Electrameccanica Vehicles Corp. (EVC) via Unison International Holdings Ltd. They claimed that the defendants misappropriated funds from the investment.
Legal Issues: The plaintiffs sought to maintain a Mareva injunction against the defendants to prevent asset dissipation. The defendants argued for setting aside or varying the injunction, citing new evidence and alleged non-disclosure by the plaintiffs. Key issues included the validity of trusts, misrepresentation, and the proper conduct of directors.
Held: Justice Ross found no failure of full and frank disclosure by the plaintiffs at the ex parte hearing. Consequently, the injunction was not set aside, though certain terms were varied by consent.
Costs/Damages Awarded: An original judgment was rendered against Ping Hui Lu (Helen) for $6,900,000, which was under appeal. The plaintiffs were entitled to their costs in any event of the cause.
Court
Supreme Court of British ColumbiaCase Number
S2013500Practice Area
Bankruptcy & insolvencyAmount
Winner
PlaintiffTrial Start Date
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