Ai Kang Capital Inc. v. Xing
Ai Kang Capital Inc.
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Dong Wang aka Wang Dong
Huai Xiang Xing
Law Firm / Organization
Pun & Jiang Law
Lawyer(s)

Sampson Pun

Bin Chen
Law Firm / Organization
Pun & Jiang Law
Lawyer(s)

Sampson Pun

Aikang GP (006) Management Ltd.
Law Firm / Organization
Pun & Jiang Law
Lawyer(s)

Sampson Pun

Background: The case centered on allegations of oppressive conduct by Dr. Dong Wang, acting as the sole director of Aikang GP (006) Management Ltd., against minority shareholders Huai Xiang Xing and Bin Chen.

Legal Issues: The key legal issues involved the conversion of the case from a petition to a trial and the application of oppression remedies under the Business Corporations Act.

Held:

  • The BC Supreme Court initially dismissed the application to convert the petition into an action, indicating that the affairs of Aikang GP were conducted in an oppressive manner could be summarily determined.
  • The Court of Appeal upheld this decision, emphasizing the application of a more flexible procedural approach to handling petitions, influenced by the Cepuran decision.

Costs and Awards: The appeal was dismissed, and each party was ordered to bear its own costs, meaning there was no specific award or total amount of costs assigned to any party.

Court of Appeals for British Columbia
CA47823; CA47824; CA47823
Corporate & commercial law
Respondent