Bao v. Welltrend United Consulting Inc.
Lihua Bao
Law Firm / Organization
Self Represented
Welltrend United Consulting Inc., Beijing
Law Firm / Organization
Unrepresented
Limin Wang
Law Firm / Organization
Unrepresented
Rong Huang
Law Firm / Organization
Unrepresented
Hai Huang
Law Firm / Organization
Unrepresented
Welltrend Canada Consulting Inc.
Law Firm / Organization
Unrepresented

Background:
Lihua Bao, an immigration lawyer, sued Welltrend United Consulting Inc., Beijing, its affiliates, and key individuals for forging his signature on provincial immigration applications. Bao's contract limited his role to federal applications. Welltrend received commissions for 20 of 25 forged applications to Nova Scotia, prompting Bao to seek damages for breach of contract, fraud, conspiracy, and unjust enrichment.

Legal Issues and Arguments:

  • Breach of Contract: The trial court found Welltrend Beijing liable for breaching an implied term of the 2004 Agreement not to forge Bao’s signature.
  • Unjust Enrichment: On appeal, the court upheld the $400,000 award based on unjust enrichment, finding Welltrend benefited at Bao's expense by using his credentials without consent.
  • Fraud and Conspiracy: Claims against individual respondents were dismissed due to insufficient evidence of an agreement or false representation made to Bao.
  • Misappropriation of Personality: The court rejected the trial judge's alternative basis for liability, as this tort is unavailable under British Columbia common law.

Damages and Costs:
Bao was awarded $400,000 in compensatory damages, reflecting the commissions Welltrend improperly obtained. Punitive damages were denied, as the court found the compensatory award sufficient to punish and deter misconduct.

Outcome:
The appeal was dismissed, and the trial judgment was upheld. The court reinforced the principle that compensatory damages must be fair, proportional, and adequate to achieve retribution and deterrence.

Court of Appeals for British Columbia
CA49391
Civil litigation
Appellant