Case Overview:
The case involved Yantai Huahai International Trade Co. Ltd. (Huahai) seeking to register and enforce a Chinese judgment in Saskatchewan under The Enforcement of Foreign Judgments Act, 2005 (EFJA). The original judgment, granted by the Yantai Intermediate People's Court, awarded Huahai damages of ¥35 million Chinese yuan (CNY) against Yonggang Yang, a guarantor on a breached commercial contract.

Key Legal Issues:

• Jurisdiction: The court examined whether the Yantai Court had jurisdiction over Yang, who argued he was a Canadian resident since 2013. The court concluded he was not ordinarily resident in China at the time.

• Notice: Yang did not receive actual notice of the Chinese proceedings. Substituted service via publication in China’s public notice system was deemed insufficient under Saskatchewan law.

• Procedural Fairness: The court found the Chinese proceedings violated principles of natural justice, as Yang lacked an opportunity to defend himself.

• Fraud Allegations: Yang argued the contract at issue was forged, but the court found this could not be summarily resolved without a full trial.

Outcome and Costs:
The court dismissed Huahai’s application to register the foreign judgment due to insufficient notice and lack of procedural fairness. The judgment could not be enforced in Saskatchewan. Yang, as the successful party, was awarded costs on Column 2 of the tariff, although no specific monetary figure was detailed.