Tian v. Yu
Guang Tian also known as Tim Tian
Law Firm / Organization
ATAC Law Corporation
Lawyer(s)

Dan H. Griffith

Junjie Yu also known as Jun Jie Yu also known as Jun Jie (Jack) Yu
Law Firm / Organization
Avid Law Corporation
Lawyer(s)

Darryl Way

Background: Guang Tian, the appellant, appealed a Supreme Court of British Columbia order finding him in civil contempt. The order stemmed from an interlocutory injunction prohibiting Tian from making defamatory statements about Junjie Yu’s legal counsel and their firm, Avid Law Corporation. Despite the injunction, Tian allegedly published defamatory statements online and via email.

Legal Issues: The key legal issues were:

  1. Whether the interlocutory injunction (Macintosh Order) was sufficiently clear and precise to support a finding of contempt.
  2. Whether the defamatory statements originated from email addresses or online handles controlled by Tian.
  3. Whether the judge erred in dismissing the possibility that someone else, such as Tian’s daughter or wife, could have made the statements.

Court's Decision: The Court of Appeal dismissed Tian’s appeal, upholding the contempt finding. It ruled that the Macintosh Order was clear enough to support contempt and that the evidence pointed to Tian as the source of the defamatory statements. The judge’s error in assuming Tian’s ownership of the email addresses did not impact the overall decision.

Costs: The court did not specify the total amount of costs or awards in favor of the successful party, Junjie Yu, in the judgment.

Court of Appeals for British Columbia
CA48948
Civil litigation
Respondent