Chao Yin Canada Group Inc. v. Xenova Property Development Ltd.
Chao Yin Canada Group Inc.
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Sarah Hannigan

Xenova Property Development Ltd.
Law Firm / Organization
Unrepresented
Xiao Bo Li also known as Polly Li
Law Firm / Organization
Unrepresented

Case Overview: The case involved allegations of fraud by Chao Yin against Xenova Property Development Ltd. and Xiao Bo Li, also known as Polly Li. The legal proceedings stemmed from false representations made by Li, claiming urgent need for funds for government fees to proceed with a school project, which were then misappropriated.

Legal Issues: The main legal issues revolved around fraud, breach of contract, and the assessment of special costs due to the defendants' misconduct during litigation. Chao Yin asserted that there was no formal contract entitling Li to the funds she claimed, and her actions were fraudulent, warranting a full reimbursement of misappropriated funds.

Held: The trial judge found in favor of Chao Yin, establishing that Li had committed fraud. Consequently, Chao Yin was awarded damages for fraud in the amount of $154,597. Additionally, due to the reprehensible conduct of the defendants throughout the legal process, Chao Yin was granted special costs, significantly increasing the financial implications for the defendants.

Special Costs: The special costs awarded to Chao Yin were assessed at $307,993.63, which included legal fees, disbursements, and applicable taxes. This assessment took into account the complexity of the case, the increased costs due to the defendants' litigation misconduct, and the necessity of pursuing the case to address the fraudulent actions and hold the defendants accountable.

Supreme Court of British Columbia
185569; 209442
Civil litigation
$ 462,591
Plaintiff