Ma v. Wu
Zhi Yong Ma
Law Firm / Organization
Self Represented
Superoptionforex Consulting Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

Zhi Yong Ma

Hong Fang Wu
Law Firm / Organization
Gall Legge Grant Zwack LLP
Lawyer(s)

Wendy Zhang

Background:
Zhi Yong Ma lost at trial, where damages were awarded to Hong Fang Wu. Following the trial, Wu applied for security for costs on the appeal, citing concerns over Ma's financial situation and his history of suspicious transactions, particularly after selling his home. The original judgment was issued on October 5, 2022, and the appeal was filed on November 2, 2022. However, the case became inactive for a year before being reinstated in April 2024. The appeal focused on factual findings from the trial, which the court viewed as weak.

Legal Issues:
The key issue was whether Ma should post security for costs totaling $125,340 (trial) and $11,996.40 (appeal). Ma argued that such an order would prevent him from pursuing the appeal due to his alleged impecuniosity, claiming it would violate his access to justice.

Court's Decision:
The Court of Appeal for British Columbia dismissed Ma’s application, finding that the original judge had properly evaluated his financial disclosures, which were incomplete and raised doubts. No new evidence was submitted for review.

Costs and Awards:
The court ordered Ma to post security for trial costs of $125,340 and appeal costs of $11,996.40 within 60 days, or risk having the appeal dismissed.

Conclusion:
The application to vary was dismissed due to insufficient grounds for review.

Court of Appeals for British Columbia
CA48650
Civil litigation
$ 137,336
Respondent