Case information
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37412
Ming Jian v. Zhi Long Zhang
(Quebec) (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) |
|---|---|---|
| 2024-01-05 | Close file on Leave | |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025125-154, 2022 QCCA 1062, dated August 2, 2022, would have been dismissed. Dismissed |
|
| 2023-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-08-01 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-08-01 | Ming Jian |
| 2023-06-08 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 2023-06-08 | |
| 2023-03-31 | Certificate (on limitations to public access) | Ming Jian |
| 2023-03-14 | Reopen file | |
| 2023-03-09 |
Application for leave to appeal, (Book Form), Missing: - Public Access to information form - rec'd March 31, 2023 -Proof of service (rec'd 2023-07-28) -Motion to Extend Time (rec'd 2023-08-01), Completed on: 2023-08-07 |
Ming Jian |
| 2017-04-28 | Correspondence received from, Ming Jian dated 2017-04-17. Re: Withdrawal of the application | Ming Jian |
| 2017-04-25 | Close file on Leave | |
| 2017-04-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-21 | Judgment on leave sent to the parties | |
| 2017-04-20 |
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 application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025125-154, 2016 QCCA 1713, dated October 24, 2016, is dismissed without costs. Dismissed, without costs |
|
| 2017-04-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2017-03-30 | Correspondence received from, Ming Jian. Re: Minor corrections to application | Ming Jian |
| 2017-03-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-03-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-01-20 | Certificate (on limitations to public access) | Ming Jian |
| 2017-01-20 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2017-01-20 | |
| 2017-01-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2017-01-19 | Ming Jian |
| 2017-01-09 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-12-28 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-12-23 | Application for leave to appeal, (Book Form), Form 23A missing - Rec'd on 2017-01-20, Completed on: 2017-01-20 | Ming Jian |
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 |
|---|---|---|
| Jian, Ming | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zhang, Zhi Long | Respondent | Active |
Counsel
Party: Jian, Ming
This party is not represented by counsel.
Party: Zhang, Zhi Long
Counsel
Pascale Jolivet
3380, rue Notre-Dame, Bureau 200
Lachine, Quebec
H8T 1W7
Telephone: (514) 637-5568 Ext: 211
FAX: (514) 637-5606
Email: alainb@barretteavocats.com
Summary
Keywords
Civil procedure — Judgment — Revocation — Did the Court of Appeal make an error by allowing the appeal and retracting a default judgment of the Superior Court from June 1, 2006? — Does the application for leave to appeal raise an issue of public importance?
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.
The applicant, Ming Jian, claimed against the respondent, Zhi Long Zhan, for bodily injury following an altercation which allegedly occurred in a context of domestic violence. In June, 2006, Zhi Long Zhan was ordered by default for failure to appear to pay a significant damage award. However, it was not until 2014 that the latter became aware of the existence of the judgment. He then filed a motion in revocation of the judgment. The Superior Court dismissed his motion, but the Court of Appeal overturned the dismissal. It found that important facts were discarded, and retracted the judgment of 2006, allowing the matter to follow its usual course in the Superior Court. Ming Jian now applies to set aside the judgment of the Court of Appeal. She was unsuccessful before a panel of the Court of Appeal, who determined that the application should be filed with the Superior Court. She now seeks leave to appeal before the Court.
Lower court rulings
Superior Court of Quebec
505-17-002072-058
Motion in revocation of judgment dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 1713, 500-09-025125-154
Appeal allowed; motion in revocation of judgment granted
Superior Court of Quebec
2017 QCCS 3313, 505-17-002072-058, 505-17-009839-178
See judgment on the application.
Court of Appeal of Quebec (Montréal)
2022 QCCA 1062, 500-09-025125-154
Application for revocation of the judgment rendered on October 24, 2016, by the Court of Appeal based on false exhibits and fraud (Articles 84 and 345 C.C.P.) 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
Not available
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
Not available
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
Not available