Case information
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41222
Yue Gu, et al. v. Rebecca Huang a.k.a Yunfeng Huang, et al.
(Ontario) (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) |
|---|---|---|
| 2025-02-28 | Close file on Leave | |
| 2025-02-07 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-02-07 | Certificate of taxation issued to, Michael Kestenberg | |
| 2025-02-07 | Decision on the bill of costs, in the amount of: $1,084.84, Reg | |
| 2025-02-07 | Submission of the bill of costs, Reg | |
| 2024-10-28 | Bill of costs, UNDER REVIEW, Completed on: 2024-11-18 | Rebecca Huang a.k.a Yunfeng Huang |
| 2024-10-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-03 | Judgment on leave sent to the parties | |
| 2024-10-03 |
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 Ontario, Number COA-23-CV-0020, 2024 ONCA 129, dated February 21, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-09-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-06 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-05-08, (Printed version due on 2024-05-13) | Yue Gu |
| 2024-04-25 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-29) | Rebecca Huang a.k.a Yunfeng Huang |
| 2024-04-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-26, (Printed version filed on 2024-04-29) | Rebecca Huang a.k.a Yunfeng Huang |
| 2024-04-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-04-12 | Notice of name, (Letter Form), (Printed version filed on 2024-04-12) | Yue Gu |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-12) | Yue Gu |
| 2024-04-12 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Rec'd April 16, 2024), Completed on: 2024-04-16, (Printed version filed on 2024-04-12) |
Yue Gu |
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 |
|---|---|---|
| Gu, Yue | Applicant | Active |
| Shao, Bo | Applicant | Active |
| 2438866 Ontario Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rebecca Huang a.k.a Yunfeng Huang | Respondent | Active |
| Fogler, Rubinoff LLP | Respondent | Active |
Counsel
Party: Gu, Yue
Counsel
100 King Street West
Suite 2130, PO BOX 321
Toronto, Ontario
M5K 1K7
Telephone: (647) 792-7798
FAX: (647) 560-6547
Email: rhe@thclawyers.ca
Party: Shao, Bo
Counsel
100 King Street West
Suite 2130, PO BOX 321
Toronto, Ontario
M5K 1K7
Telephone: (647) 792-7798
FAX: (647) 560-6547
Email: rhe@thclawyers.ca
Party: 2438866 Ontario Inc.
Counsel
100 King Street West
Suite 2130, PO BOX 321
Toronto, Ontario
M5K 1K7
Telephone: (647) 792-7798
FAX: (647) 560-6547
Email: rhe@thclawyers.ca
Party: Rebecca Huang a.k.a Yunfeng Huang
Counsel
Beverly C. Jusko
2300 Yonge St. Suite 1600
Toronto, Ontario
M4P 1E4
Telephone: (416) 549-8077
Email: michael@kestenberglitigation.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Fogler, Rubinoff LLP
Counsel
Beverly C. Jusko
2300 Yonge St. Suite 1600
Toronto, Ontario
M4P 1E4
Telephone: (416) 549-8077
Email: michael@kestenberglitigation.com
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Torts — Negligence — Breach of fidicuary duty — Breach of contract — How is “special term” modified duty of care assessed and applied? — How do special contractual terms modifying the tort duty affect the existence and extent of fiduciary duties?
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 applicants, Yu Gu, Bo Shao and 2438866 Ontario inc., a company owned and controlled by Bo Shao, brought an action for negligence, breach of fiduciary duty and breach of contract against the respondents, Rebecca Huang a.k.a. Yungfeng Huang and Fogler, Rubinoff LLP in relation to the legal services incurred in an action that was filed against them. The applicants claimed that although the respondents were successful in the conduct of the litigation on their behalf, they breached the retainers agreed upon by failing to proceed promptly with the necessary motions. The applicants complained that the respondents incurred unnecessary costs and failed to obtain adequate costs awards or an adequate order for security of costs that would have offset the legal fees incurred. Furthermore, the applicants complained that the respondents’ termination of the retainers was unprofessional and prejudiced their interests. The Superior court of Justice dismissed the action and the Court of Appeal dismissed the appeal.
Lower court rulings
Action dismissed
Appeal 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
Not available
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
Not available