Chen v. Huang
RONGHAI CHEN
JIANLIN FENG
JIAXIANG HUANG a.k.a. JASON HUANG
Law Firm / Organization
Not Specified
2614069 ONTARIO INC.
Law Firm / Organization
Not Specified
IBC VENTURES INC.
Law Firm / Organization
Not Specified
GOLDEN OCEAN INVESTMENT CORPORATION
Law Firm / Organization
Not Specified
YONG SHI
Law Firm / Organization
Not Specified
XIN DI HUANG
Law Firm / Organization
Not Specified
KIT YING TERESA LO
Law Firm / Organization
Not Specified
NIA LAW PROFESSIONAL CORPORATION
Law Firm / Organization
Not Specified
PINTTENG TAN o/a TAN & ASSOCIATES
Law Firm / Organization
Not Specified
KEVIN LEE
Law Firm / Organization
Not Specified
WING CHAO-MA
Law Firm / Organization
Not Specified
ANGEL UNIFORM LTD.
Law Firm / Organization
Not Specified
UFEEL SCRUBS INC.
Law Firm / Organization
Not Specified
WU LAW PROFESSIONAL CORPORATION
Law Firm / Organization
Not Specified
KURT ANTHONY SUNN
Law Firm / Organization
Not Specified
710561 ONTARIO LIMITED
Law Firm / Organization
Robins Appleby LLP
CHIA MAO HSIANG
Law Firm / Organization
Robins Appleby LLP
YADONG ZHAO
Law Firm / Organization
Robins Appleby LLP
TING TING LAM
Law Firm / Organization
Robins Appleby LLP
XIAOLI YU
Law Firm / Organization
Robins Appleby LLP
YUTONG GE
Law Firm / Organization
Robins Appleby LLP
HAOXIANG LIANG
Law Firm / Organization
Not Specified
14455169 CANADA INC.
Law Firm / Organization
Not Specified
LINDA HUNG-I CHAO
Law Firm / Organization
Robins Appleby LLP
KATHERINE WONG PROFESSIONAL CORPORATION
Law Firm / Organization
Not Specified
JIAN JIANG
Law Firm / Organization
Papazian Heisey Myers
YINGHUA GUAN
Law Firm / Organization
Not Specified
JX LAW PROFESSIONAL CORPORATION
Law Firm / Organization
Not Specified
CANWELL ASSET MANAEMENT INC.
Law Firm / Organization
Not Specified
11202898 CANADA INC.
Law Firm / Organization
Not Specified
BO XIAO
Law Firm / Organization
Not Specified
VOLODYMYR CHAGROV
Law Firm / Organization
Not Specified
JOHN DOE PURCHASER
Law Firm / Organization
Not Specified
JOHN DOE SOLICITOR FOR MORTGAGEES IN POSSESSION
Law Firm / Organization
Not Specified
JOHN DOE SOLICITOR FOR UNKNOWN PURCHASER
Law Firm / Organization
Not Specified

Key Facts & Decision:

  • The Applicants, Chen and Feng, challenged the validity and enforceability of a second and third mortgage on a property owned by a company in which they were shareholders.
  • The court ruled both mortgages were valid and enforceable.
  • The second mortgagee did not seek costs, as they had already been fully paid (including legal fees) from the proceeds of the property’s sale under power of sale.
  • The third mortgagee was successful in the application but did not recover the full amount owed from the sale proceeds.
  • Under the loan agreement, the third mortgagee was entitled to legal costs on a substantial indemnity basis, citing Everest Finance Corporation v. Jonker, 2023 ONCA 87.
  • The third mortgagee sought $85,779.60 in legal costs, including:
    • Its own litigation costs,
    • The second mortgagee’s legal costs, and
    • The legal fees for the solicitor who handled the sale.
  • The court ruled that while the third mortgagee could recover its own legal costs, the other costs were not recoverable as they were losses on the loan, not costs of the application.
  • The Applicants were ordered to pay the third mortgagee $85,779.60?.
Superior Court of Justice - Ontario
CV-24-00723370-0000
Real estate
$ 85,780
Respondent