Lin v. Song
Haiyan Lin Lin
Law Firm / Organization
Pink Larkin
3340435 Nova Scotia Limited
Law Firm / Organization
Pink Larkin
Mingming Song
Lawyer(s)

Ziad Lawen

Eman Beauty Inc.
Lawyer(s)

Ziad Lawen

Key Points:

  • Background:
    • The case involves financial disputes and accounting issues between the parties.
    • Directions from a previous decision (Lin v. Song, 2023 NSSC 265) included orders for the Respondents to account for and pay certain funds.
  • Court Directions and Actions:
    • Payment and Accounting:
      • Song was ordered to pay $11,900 and provide an accounting of outstanding funds.
      • Failure to provide a satisfactory accounting would result in personal repayment by Song.
    • Corporate Dissolution Option:
      • Landlord Corp will be dissolved unless Song buys Lin's 50% share for fair value, assessed by an appraiser.
    • Updated Valuation:
      • Turner Drake assessed the condominium unit at $400,000.
      • The assessment and any costs are paid from funds held in trust.
  • Accounting Issues:
    • Respondents submitted an accounting of funds, but with procedural and substantive deficiencies.
    • The court found the Respondents' accounting inadequate, noting missing, incomplete, and unauthenticated documents.
  • Financial Determinations:
    • The court adjusted figures to account for mortgage variations and other expenses.
    • Respondents owe $21,454.26, to be held in trust by Applicants' counsel.
  • Outstanding Issues:
    • Any unpaid expenses after October 31, 2023, are to be added to the owed amount.
    • Costs will be assessed per the previous decision once the share purchase or company winding-up is completed.

Conclusion:

  • The Respondents must pay $21,454.26 immediately.
  • Future adjustments depend on unpaid expenses and accrued interest. Costs will be determined as per the earlier ruling.
Supreme Court of Nova Scotia
520469
Corporate & commercial law
$ 21,454
Applicant