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39621

Tianyun Xu also known as Terence Xu v. Yuenyuen Hu also known as Betty Hu, et al.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-10-08 Close file on Leave
2021-09-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-09-29 Judgment on leave sent to the parties
2021-09-29 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), Number CA43073, 2021 BCCA 2, dated January 7, 2021, is dismissed with costs to the respondents, Vancouver International Enterprises Ltd. and Best Honour International Trading & Investment Co. Ltd.
Dismissed, with costs
2021-08-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-06-18 Notice of name, (Letter Form), (Electronic version due on 2021-06-25) Vancouver International Enterprises Ltd.
2021-06-04 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-11) Yuenyuen Hu also known as Betty Hu
2021-06-01 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-06-18) Vancouver International Enterprises Ltd.
2021-06-01 Respondent's response on the application for leave to appeal, (Book Form), require: proof of service (rec'd 2021-06-10)
, Completed on: 2021-06-25, (Printed version filed on 2021-06-18)
Vancouver International Enterprises Ltd.
2021-05-20 Respondent's response on the application for leave to appeal, (Letter Form), require:
-proof of service (rec'd 2021-06-23)
-23A (rec'd 2021-06-04), Completed on: 2021-06-25, (Printed version due on 2021-05-28)
Yuenyuen Hu also known as Betty Hu
2021-05-03 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-05-03

2021-04-28 Certificate (on limitations to public access) Tianyun Xu also known as Terence Xu
2021-03-05 Application for leave to appeal, (Book Form), MISSING:
- Court of Appeal final Order (rec'd 2021-04-28)
- Filing fee (rec'd 2021-05-04)
- Form 23A (rec'd 2021-04-28), Completed on: 2021-05-04, (Printed version filed on 2021-03-05)
Tianyun Xu also known as Terence Xu

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

Main parties - Appellants
Name Role Status
Tianyun Xu also known as Terence Xu Applicant Active

v.

Main parties - Respondents
Name Role Status
Yuenyuen Hu also known as Betty Hu Respondent Active
Vancouver International Enterprises Ltd. Respondent Active
Best Honour International Trading & Investment Co. Ltd. Respondent Active

Counsel

Party: Tianyun Xu also known as Terence Xu

Counsel
Names
Junzhong Cao
Xiuwen Ouyang
Contact information
The Cao Law Corporation
1-4180 Dunbar Street
Vancouver, British Columbia
V6S 2E7
Telephone: (604) 558-0688
FAX: (604) 558-0689
Email: cao@tclawcorp.com

Party: Yuenyuen Hu also known as Betty Hu

Counsel
Names
Helen Bik-Tao Chiu
Line B. Williams
Contact information
Chiu & Company
405-808 Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 683-0318
FAX: (604) 683-0362
Email: helen@chiuandco.ca

Party: Vancouver International Enterprises Ltd.

Counsel
Names
Lorne N. MacLean, Q.C.
Susanna Chen
Contact information
Suite 2900, 1021 West Hastings Street
Vancouver, British Columbia
V6E 0C3
Telephone: (604) 697-2800
FAX: (604) 682-0556
Email: lmacleanqc@macleanlaw.ca

Party: Best Honour International Trading & Investment Co. Ltd.

Counsel
Names
Lorne N. MacLean, Q.C.
Susanna Chen
Contact information
Suite 2900, 1021 West Hastings Street
Vancouver, British Columbia
V6E 0C3
Telephone: (604) 697-2800
FAX: (604) 682-0556
Email: lmacleanqc@macleanlaw.ca

Summary

Keywords

Family law — Divorce — Family assets — Express trust — Gifts — Couple divorcing and courts making determination on division of family assets — Court of Appeal setting aside order that corporation holds family residence in trust for Ms. Hu, along with order dividing that beneficial interest between the couple — Whether Ms. Hu’s father’s announcement about residence, at party, sufficient to settle an express trust — How should evidence before and after settlement of express trust be evaluated — Whether lower court erred in reasoning and conclusions.

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 couple separated and divorced. Litigation ensued to determine the division of family assets and spousal and child support.

The trial judge determined that the corporate-owned family residence was subject to an express trust in Ms. Hu’s favour and therefore a family asset. Ms. Hu appealed that finding at the Court of Appeal (Docket CA43079) and the corporate respondents also appealed that finding at the Court of Appeal (Docket CA43073). Mr. Xu cross-appealed both proceedings seeking a larger share of that asset and setting aside an order directing him to bear 50 percent of the residence’s expenses.

The Court of Appeal allowed the appeal in part, setting aside the orders that the corporation holds the family residence in trust for Ms. Hu and dividing the beneficial interest in the property between the couple.

Lower court rulings

August 10, 2015
Supreme Court of British Columbia

E120635; 2015 BCSC 1400

The division of family assets and child and spousal support decided. Corporate owned family residence subject to an express trust in Ms. Hu’s favour and therefore a family asset. Ms. Hu’s beneficial interest in Marguerite Street house is a family asset. Presumption of equal division applied to all family assets, including beneficial interest in Marguerite St. House.

December 8, 2017
Supreme Court of British Columbia

E120635

New evidence resulting in reopening of trial. Conclusions as to the Mr. Xu’s child support and appropriate division of equity in Marguerite St. house changed and reapportioned to 75 percent in favour of Ms. Hu, and 25 percent to Mr. Xu.

July 23, 2019
Supreme Court of British Columbia

E120635; 2019 BCSC 1336

Tax obligations and expenses resulting from acquisition and disposition of home to be paid from the net sale proceeds from the sale of the family home.

January 7, 2021
Court of Appeal for British Columbia (Vancouver)

CA43073; 2021 BCCA 2

Appeal allowed in part, order declaring that corporation holds family residence in trust for Ms. Hu and dividing the beneficial interest in that property between Ms. Hu and Mr. Xu, set aside.

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

Not available.

Date modified: 2025-02-27