Chongqing Shenggang Trading Co., Ltd. v. Yang
Chongqing Shenggang Trading Co., Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

C. Wong

Yi Fan Yang aka Bill Yang
Law Firm / Organization
Not Specified
Lawyer(s)

J. Liu

Background:
Chongqing Shenggang Trading Co., Ltd. sought to enforce a Chinese default judgment against Yi Fan Yang in British Columbia. The judgment related to unpaid debts from a 2014 agreement to import lumber into China, totaling RMB 3,386,752.97 plus interest and legal expenses. Yang argued that the Chinese judgment was obtained fraudulently and violated natural justice.

Legal Issues:

  1. Finality and Competence of Judgment: The court assessed whether the Chinese judgment was final and from a competent jurisdiction. It deemed the judgment final despite ongoing retrial efforts in China.
  2. Fraud Allegations: Yang claimed his signature on contracts used as evidence in the Chinese case was forged. The court found the fraud defense insufficient, as the evidence could have been raised had Yang participated in the original case.
  3. Natural Justice: Yang argued he was not properly served or made aware of the Chinese proceedings. The court concluded he never received actual notice of the lawsuit, and service via public notice in China did not meet Canadian standards of fairness.

Conclusion and Costs:
The Supreme Court of British Columbia declined to enforce the Chinese judgment, citing a breach of natural justice. Yang was awarded costs at Scale B.

Key Award:
No damages were awarded, as the enforcement application was dismissed. Costs at Scale B were granted to Yang as the successful party.

Supreme Court of British Columbia
S230893
Civil litigation
Defendant