Case information
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36754
Weizhen Tang v. Her Majesty the Queen
(Ontario) (Criminal) (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) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed. The motion to adduce fresh evidence is dismissed. The application for leave to appeal from the judgments of the Court of Appeal for Ontario, Numbers C56745 and C60528, dated June 10, 2015, June 25, 2015 and October 5, 2015, is dismissed. Dismissed |
|
| 2016-04-07 |
Decision on motion to adduce new evidence Dismissed |
|
| 2016-04-07 |
Decision on the motion to appoint counsel Dismissed |
|
| 2016-04-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-03-07 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-03-07 | Submission of motion to extend time to file and/ or serve the leave application, Cro Wa Côt | |
| 2016-03-07 | Submission of motion to appoint counsel, Cro Wa Côt | |
| 2016-03-07 | Submission of motion to adduce new evidence, Cro Wa Côt | |
| 2015-12-08 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2015-12-08 | |
| 2015-12-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Motion for the decision of 2015-06-25, Completed on: 2015-12-08 | Weizhen Tang |
| 2015-12-02 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2015-11-27 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-11-26 | Motion to appoint counsel, (Included in the application for leave to appeal), Completed on: 2015-11-26 | Weizhen Tang |
| 2015-11-26 | Motion to adduce new evidence, (Included in the application for leave to appeal), Completed on: 2015-11-26 | Weizhen Tang |
| 2015-11-26 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Weizhen Tang |
| 2015-11-26 | Application for leave to appeal, (4 volumes), C/A order from 2015-10-05 is missing - Rec'd on 2015-12-10. C/A order from 2015-06-25 rec'd on 2015-12-08, Completed on: 2015-12-10 | Weizhen Tang |
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 |
|---|---|---|
| Tang, Weizhen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tang, Weizhen
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: john.pearson@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Criminal law — Criminal Code offences — Fraudulent transactions relating to contracts and trade — After trial before judge and jury, applicant convicted of fraud over $5,000 — Evidence applicant defrauded investors out of millions of dollars — Applicant sentenced to pay fine in lieu of forfeiture of proceeds of crime — Court of Appeal dismissed applicant’s appeals against conviction and against sentence — Whether justice denied to applicant — Whether expert evidence of forensic accountant should not have been admitted at trial — Whether amicus incompetent and ineffective and if so, whether such new evidence should have been admitted on appeal.
The applicant, Mr. Weizhen Tang, was found guilty after trial before a judge and jury on a count of fraud over $5,000 contrary to s. 380(1) of the Criminal Code. Mr. Tang’s offence involved defrauding investors from Canada, United States and China in an investment fund he managed called the “Overseas Chinese Fund”. An examination conducted by a forensic accountant of the Ontario Securities Commission revealed that approximately $50 million was raised during the material time, and of that approximately $26 million was returned to investors. Of the remaining $24 million, $19 million was consumed by the Overseas Chinese Fund in its trading activities, and $5 million was used for administration and other expenses. With respect to the $5 million, approximately $2.8 million went to Mr. Tang and the various companies and business entities he controlled: Weizhen Tang and Associates, Weizhen Tang Wealth Club and Weizhen Tang Corporation. For his sentence, Mr. Tang was ordered to pay a fine in lieu of forfeiture of proceeds of crime within five years of his release from incarceration. The Court of Appeal dismissed both Mr. Tang’s appeals, against conviction and against sentence.
Lower court rulings
Ontario Superior Court of Justice
Applicant found guilty after trial before judge and jury on count of fraud over $5,000 contrary to s. 380(1) of Criminal Code.
Ontario Superior Court of Justice
Applicant sentenced to pay fine in lieu of forfeiture of proceeds of crime
Court of Appeal for Ontario
C56745, 2015 ONCA 470
Applicant’s appeal against conviction dismissed.
Court of Appeal for Ontario
C60528
Applicant’s appeal against sentence dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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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