Appellant
Respondent
Background: Xiao Bo Li, also known as Polly Li, was found liable for fraud on July 23, 2021. The court awarded Chao Yin Canada Group Inc. $154,597 plus costs, which were assessed at $307,993.63. Li declared bankruptcy on September 10, 2021. She sought an extension to vary or cancel a dismissal order made by Justice Butler on January 16, 2023, due to her appeal being deemed abandoned.
Legal Arguments/Issues: Li argued she was unaware of the application due to email issues and had a bona fide intention to seek a review. She claimed prejudice due to a conflict of interest with Chao Yin's counsel. Chao Yin contended Li showed no ongoing intention to appeal and that her delay was unjustifiable, causing substantial prejudice.
Held: The court dismissed Li's application for an extension of time, finding she had not met the requirements and that it was not in the interests of justice to grant the extension.
Costs/Damages Awarded: The court upheld the original judgment, awarding Chao Yin Canada Group Inc. $462,590.63 (including $154,597 in damages and $307,993.63 in costs).
Court
Court of Appeals for British ColumbiaCase Number
CA48420Practice Area
Civil litigationAmount
$ 462,591Winner
RespondentTrial Start Date
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