Appellant
Respondent
Background: Ji Yao Wang, involved in property development in British Columbia, received $3.65 million from Lihua Fu between April 2018 and February 2019. The appellants claimed these were investments in a failed Vancouver project, while Fu insisted they were loans. She initially sued in British Columbia in July 2020, and the case was dismissed without prejudice. In June 2021, Fu filed a new lawsuit in British Columbia, and concurrently, she sued in China for the same debt.
Legal Arguments/Issues: Fu argued the funds were loans needing repayment, while the appellants maintained they were investments. The appellants sought an anti-suit injunction to halt the Chinese proceedings, but the Supreme Court of British Columbia denied this, favoring resolution in China. The appellants appealed, claiming errors in the forum non conveniens analysis.
Court Findings: The British Columbia Court of Appeal found that the Chinese court had not applied forum non conveniens principles correctly. The Court decided the facts were not substantially connected to China, making British Columbia the more appropriate forum. The Court determined Fu had engaged in forum shopping.
Costs/Awards: The appeal was allowed, granting an anti-suit injunction to prevent Fu from continuing the Chinese action. Specific costs and awards details were not provided.
Court
Court of Appeals for British ColumbiaCase Number
CA48754Practice Area
Civil litigationAmount
Winner
AppellantTrial Start Date
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