Issue: The Gamma defendants sought to quash a summons served on Harry Wang regarding a jurisdiction motion.
Court’s Ruling: The motion was dismissed. The court found Wang’s testimony relevant to determining whether the Gamma foreign defendants conducted business in Ontario.
Key Findings:
Wang was a director of Gamma Windows and Walls and an Executive Director of China State Construction.
Evidence suggested Wang had decision-making authority over the project.
The summons was not overly broad or an abuse of process under Rule 39.03 of the Rules of Civil Procedure.
2025 ONSC 1564
Date: March 10, 2025
Issue: Costs determination following the motion to quash.
Court’s Ruling: The Gamma defendants were ordered to pay $12,000 in costs to the plaintiffs.
Key Findings:
The plaintiffs sought $43,726.88 (substantial indemnity) or $29,264.30 (partial indemnity).
The Gamma defendants argued costs should be reserved or limited to $5,000-$8,000.
The court found the plaintiffs’ claimed costs excessive but noted the Gamma defendants could have sought clarification before filing their motion.
The hearing was completed in under two hours, and $12,000 was deemed fair and proportionate.
Outcome
The plaintiffs successfully resisted the motion.
The Gamma defendants were ordered to pay $12,000 in costs.
