Case information
Consult our database for details on a Supreme Court of Canada case.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Tianyun Xu also known as Terence Xu | Applicant | Active |
v.
| 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
Xiuwen Ouyang
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
Line B. Williams
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
Susanna Chen
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
Susanna Chen
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
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.
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.
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.
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
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 613-996-8666 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
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 613-996-8666 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