Case information
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35555
Jesse Jia-Bei Zhu v. XY, LLC
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-02-24 | Close file on Leave | |
| 2014-02-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-21 | Judgment on leave sent to the parties | |
| 2014-02-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA039816 and CA039822, 2013 BCCA 352, dated July 26 2013, is dismissed with costs. The application for leave to cross- appeal is dismissed without costs. Dismissed, with costs |
|
| 2014-02-20 |
Judgment of the Court on the application for leave to cross-appeal, See judgment Dismissed, without costs |
|
| 2014-01-27 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-01-27 | All material on the application for leave to cross-appeal submitted to the Judges, Abe Ro Mo | |
| 2013-12-09 | Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), from Ryan D. W. Dalziel dated 2013-12-09, Completed on: 2013-12-09 | XY, LLC |
| 2013-11-28 | Memorandum of argument in response to the cross-appeal, (Book Form), (electronic copy filed), Completed on: 2013-11-28 | Jesse Jia-Bei Zhu |
| 2013-10-30 | Application for leave to cross-appeal, (Book Form), CONDITIONAL - included in the response, Completed on: 2013-10-30 | XY, LLC |
| 2013-10-30 | Book of authorities, (Book Form), joint with the files number 35557 and 35561. | XY, LLC |
| 2013-10-30 | Respondent's response on the application for leave to appeal, (Book Form), joint with files 35557 and 35561., Completed on: 2013-10-30 | XY, LLC |
| 2013-10-02 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2013-09-30 | Book of authorities, (Book Form) | Jesse Jia-Bei Zhu |
| 2013-09-30 | Application for leave to appeal, (Book Form), electronic copy filed - CA order missing - CA order form rec'd 2013-10-18, Completed on: 2014-04-02 | Jesse Jia-Bei Zhu |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Zhu, Jesse Jia-Bei | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| XY, LLC | Respondent | Active |
Counsel
Party: Zhu, Jesse Jia-Bei
Counsel
Michael D. Shirreff
700 - 375 Water st.
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 687-7700
FAX: (604) 687-5596
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: XY, LLC
Counsel
Ryan D.W. Dalziel
900 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Tort law — Deceit and civil conspiracy — Specific elements — Evidence established JingJing, licensee of XY’s technology, underreported use of technology and underpaid royalties — What are specific elements of tort of deceit? — In particular, is tort established in absence of proof XY altered its position in reliance on JingJing’s misrepresentation and thereby suffered loss? — What acts or omissions fall within scope of term “unlawful act” in civil conspiracy claim context? In particular, does behaviour not actionable at private law found claim pursuant to “unlawful act” branch of tort of civil conspiracy?
This case arises in the context of a technology licensing agreement between the respondent XY, LLC as licensor and JingJing Genetic Inc. (of the “IND Group” of corporations), as licensee. The technology makes it possible to separate X and Y chromosomes in bovine spermatozoa, thus permitting the production of calves of a desired sex. The trial judge found that JingJing had provided XY with false reports concerning revenues it received from its use of the technology, underpaid the royalties it owed to XY, concealed documents from XY, and violated in several ways the confidentiality provisions in the agreement. The trial judge found JingJing liable for breach of contract and the tort of deceit and found three employees, including the applicant Mr. Zhu, liable for the torts of deceit and civil conspiracy. The trial judge awarded $8.6 million in damages jointly and severally against the employees as well as against JingJing and ordered a permanent injunction against them in respect of future use of XY’s technology. The Court of Appeal allowed their appeals in part and allowed XY’s cross-appeal to amend the terms of the permanent injunction and order a retrial of XY’s claim of unjust enrichment against the IND Group. In all other respects, the appeals were dismissed.
Lower court rulings
Supreme Court of British Columbia
2012 B.C.J. No. 433, 2012 BCSC 319
JingJing found liable for breach of contract and tort of deceit whereas three employees found liable for torts of deceit and civil conspiracy. $8.6 million in damages awarded jointly and severally against them as well as permanent injunction against them, in respect of future use of XY’s technology.
Court of Appeal for British Columbia (Vancouver)
CA039816, 2013 BCCA 352
Appeals allowed in part and cross-appeal allowed (to amend permanent injunction terms and order retrial of unjust enrichment claim), In all other respects, appeals dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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