Background:
Li Xiangdong, a former employee of China Mobile, was accused of accepting bribes and engaging in money laundering, with the assistance of his wife, Yao Hong. These allegations surfaced in 2010, leading to ongoing criminal investigations in China. After the accusations arose, Li and Yao left China and relocated to Canada. China Mobile initiated a civil claim in British Columbia in 2021 after discovering that the couple owned property there. The company sought to recover assets under British Columbia law.

Legal Issues:
The appellants argued that China was the more appropriate forum to hear the case, seeking a stay of proceedings in British Columbia under the doctrine of forum non conveniens. They invoked section 11 of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), claiming that most relevant factors favored China. These included the fact that the alleged wrongdoing occurred in China, witnesses were located there, and Chinese law applied.

Court's Decision:
The British Columbia Court of Appeal dismissed the appeal. The appellants’ likely non-participation in Chinese proceedings and concerns about enforcing a Chinese judgment in Canada weighed against granting the stay.

Costs:
The ruling did not specify any costs or award to the successful party.