Ma v. Dai
William Kuntang Ma
Guo Qiang Dai
Law Firm / Organization
Robert Fleming Lawyers
Lawyer(s)

John Zeljkovich

Chang Ying Xu
Law Firm / Organization
Robert Fleming Lawyers
Lawyer(s)

John Zeljkovich

Hui Han
Law Firm / Organization
Robert Fleming Lawyers
Lawyer(s)

John Zeljkovich

Background and Context:
William Kuntang Ma, the plaintiff, initiated numerous legal proceedings against Guo Qiang Dai, Chang Ying Xu, and Hui Han, related to disputes over property and familial relationships. Central to the litigation was a property at 4053 West 38th Avenue, Vancouver. The disputes stemmed from Ma's claim that Han, his ex-spouse, held the property in trust for him, and accusations that Dai and Xu conspired against him.

Key Legal Issues:

  1. Vexatious Litigant Application: The defendants sought to have Ma declared a vexatious litigant under section 18 of the Supreme Court Act. They argued Ma persistently filed baseless claims.
  2. Striking Pleadings: The defendants requested that Ma’s pleadings be struck under Rule 9-5(1) of the Supreme Court Civil Rules for being vexatious and an abuse of process.
  3. Cross-Application: Ma opposed the relief and sought to amend his pleadings and compel discovery from the defendants.

Court’s Findings and Orders:
Justice Whately declared Ma a vexatious litigant, barring him from initiating further proceedings without leave. The court struck his pleadings for being inflammatory, prolix, and abusive of court processes. Ma’s cross-application was dismissed.

Costs Awarded:
The defendants were awarded standard costs at Scale B. Special costs were declined as the judge did not find Ma’s conduct in this specific application sufficiently reprehensible.

Key Outcome:
The court underscored the need for judicial economy and warned Ma against future abuse of legal processes.

Supreme Court of British Columbia
S232870
Civil litigation
Defendant