Chang Xin Construction v. 2049390 Ontario Inc.
8682470 CANADA INC. o/a CHANG XIN CONSTRUCTION
Law Firm / Organization
RAR Litigation Lawyers
2049390 ONTARIO INC.
Law Firm / Organization
Cambridge LLP
JRJF GROUP CORP.
Law Firm / Organization
Cambridge LLP

Chang Xin Construction v. 2049390 Ontario Inc., 2025 ONSC 1283

  • Issue: The defendant, 2049390 Ontario Inc., sought to adjourn the peremptory trial, citing the health issues of its principal, James Kan.
  • Decision: The motion to adjourn was denied.
  • Key Reasons:
    • The court found no sufficient medical evidence proving Kan was unable to participate.
    • His medical reports lacked independent assessments verifying his claimed symptoms.
    • The request was made on the eve of trial despite symptoms allegedly existing for over a month.
    • Delaying the trial further could impact witness memory and procedural fairness, particularly in a Construction Act lien action, which requires expedited resolution.

Chang Xin Construction v. 2049390 Ontario Inc., 2025 ONSC 1503

  • Issue: The plaintiff objected to the defendant’s proposed expert, Michael Colalillo, arguing he was not qualified under Rule 53.03.
  • Decision:
    • Colalillo was not permitted to testify as a Rule 53.03 expert but could testify as a participant expert, subject to a voir dire.
    • His December 30, 2024, and February 10, 2025, reports were ruled inadmissible.
  • Key Reasons:
    • The reports failed to meet Rules of Civil Procedure requirements.
    • He was directly involved in the project, impacting impartiality.

Outcome:

  • The trial proceeded as scheduled without adjournment.
  • The defendant faced expert evidence restrictions.
  • No damages or awards were determined in these rulings.
Superior Court of Justice - Ontario
CV-21-668503
Construction law
Plaintiff