Plaintiff
Defendant
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:
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.
Court
Supreme Court of British ColumbiaCase Number
S165799Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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