Yang v. Hart
Chung-Hsien Yang also known as Robin C.H. Yang
Law Firm / Organization
Edwards, Kenny & Bray LLP
Simone Rachelle Hart formerly known as Simone Rachelle Yang
Law Firm / Organization
Harris & Company LLP

Background:
Chung-Hsien (Robin) Yang provided $316,000 to his daughter, Tzu-Hsin (Shaelyn) Yang, and her spouse, Simone Rachelle Hart, for the purchase of a townhouse. After Shaelyn Yang’s death, Chung-Hsien Yang claimed the funds were a loan, supported by a promissory note, while Simone Hart argued they were a gift.

Legal Issues:

  • Authenticity of the Promissory Note: The court examined whether the promissory note, allegedly signed by Shaelyn Yang on behalf of both her and Simone Hart, was authentic and binding. The court found the note to be authentic and agreed that Shaelyn Yang had the authority to sign it on behalf of Simone Hart under a power of attorney.
  • Unjust Enrichment: If the note was unenforceable, the court considered whether Simone Hart was unjustly enriched by the funds. The court presumed the funds were not a gift and concluded that Hart was unjustly enriched.

Ruling:
The court ruled in favor of Chung-Hsien Yang, awarding him $330,000 under the promissory note, plus interest. Simone Hart was also ordered to pay legal costs at Scale B. Additionally, a secondary liability of $310,000 was determined under the unjust enrichment claim, applicable if the promissory note ruling was overturned on appeal.

Supreme Court of British Columbia
S-233069
Civil litigation
$ 330,000
Plaintiff