Lonking (China) Machinery Sales Co. Ltd. v. Zhao
Lonking (China) Machinery Sales Co. Ltd.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Ross McGowan

Lonking Machine Replace Parts Co. Ltd.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Ross McGowan

Longyan Fujian
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Ross McGowan

Xingfu Zhao also known as Xing Fu Zhao
Xingfu Zhao also known as Xing Fu Zhao

Background Facts: The plaintiffs obtained two commercial judgments against the defendants in China and sought to enforce these judgments in British Columbia. The defendants, who were residing in Canada, argued that they were not properly notified of the Chinese lawsuits and that the judgments were obtained without their knowledge. The plaintiffs claimed that the defendants were aware of the lawsuits and that proper procedures were followed.

Legal Issues: The primary legal issue was whether the Chinese judgments could be recognized and enforced in British Columbia. The defendants contended that the Chinese proceedings did not meet Canadian standards of natural justice, particularly due to improper service and non-disclosure of critical information during the Chinese litigation.

Court's Decision: The court dismissed the plaintiffs' enforcement action, citing significant concerns over the credibility of the plaintiffs’ evidence, especially the testimony of Mr. Zhang, their former legal counsel in China. The court found that the plaintiffs had failed to demonstrate that the Chinese judgments met the necessary standards for enforcement in Canada.

Costs Award: The defendants were awarded costs as follows:

  • Ordinary costs (Scale B) for steps taken up to November 15, 2019.
  • Double costs (Scale B) for steps taken after November 15, 2019, including the costs of the application.

Total Amount: While the exact amount was not specified, the award was substantial due to the application of double costs after the plaintiffs rejected the settlement offer.

Supreme Court of British Columbia
S165799
Civil litigation
Defendant