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41236

Mei Sun also known as Sun Mei v. Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc., et al.

(Ontario) (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)
2024-08-30 Close file on Leave
2024-08-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-08-29 Judgment on leave sent to the parties
2024-08-29 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal, filed by the respondents Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc. is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0601, 2024 ONCA 102, dated February 9, 2024, is dismissed with costs.
Dismissed, with costs
2024-08-29 Decision on motion to extend time, See decision on application
Granted
2024-07-22 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-07-22 Submission of motion to extend time, for consideration by the Court
2024-06-06 Motion to extend time, (Letter Form), Completed on: 2024-06-05, (Printed version filed on 2024-06-13) Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc.
2024-06-06 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-06-13) Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc.
2024-06-06 Notice of name, (Letter Form), (Printed version filed on 2024-06-13) Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc.
2024-06-06 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-06-13) Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc.
2024-05-28 Certificate (on limitations to public access), (Letter Form), 23A Amended, (Printed version due on 2024-06-04) Mei Sun also known as Sun Mei
2024-05-22 Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-05-23) Haito Wang a.k.a. James Wang, Peaceland Realty Group Inc. a.k.a. Royal LePage Peaceland Realty and Homelife Best Choice Realty Inc.
2024-05-22 Notice of name, (Letter Form), (Printed version filed on 2024-05-23) Haito Wang a.k.a. James Wang, Peaceland Realty Group Inc. a.k.a. Royal LePage Peaceland Realty and Homelife Best Choice Realty Inc.
2024-05-22 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-05-28, (Printed version filed on 2024-05-23) Haito Wang a.k.a. James Wang, Peaceland Realty Group Inc. a.k.a. Royal LePage Peaceland Realty and Homelife Best Choice Realty Inc.
2024-05-21 Supplemental document, (Letter Form), (Printed version due on 2024-05-28) Mei Sun also known as Sun Mei
2024-04-22 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2024-04-22;
2024-04-09 Application for leave to appeal, (Book Form), Missing:
-Public access form; (Rec'd 2024-05-28)
-Amended Notice of application;
-CA Order;
-TC judgement and order;
-Filing fees (Rec'd 2024-06-04)
-Proof of service;, Completed on: 2024-07-23, (Printed version due on 2024-04-16)
Mei Sun also known as Sun Mei

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
Mei Sun also known as Sun Mei Applicant Active

v.

Main parties - Respondents
Name Role Status
Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc. Respondent Active
Haito Wang a.k.a. James Wang, Peaceland Realty Group Inc. a.k.a. Royal LePage Peaceland Realty and Homelife Best Choice Realty Inc. Respondent Active

Counsel

Party: Mei Sun also known as Sun Mei

This party is not represented by counsel.

Party: Wenming Cheng a.k.a. Rex Cheng and Homelife Best Choice Realty Inc.

Counsel
Name
Jeffrey S. Kelvin
Contact information
Klein & Schonblum Associates
2300 Yong Street Suite 2901
Yonge-Eglinton Centre Box 2406
Toronto, Ontario
M4P 1E4
Telephone: (416) 480-0221
Email: jklein@ksalaw.com

Party: Haito Wang a.k.a. James Wang, Peaceland Realty Group Inc. a.k.a. Royal LePage Peaceland Realty and Homelife Best Choice Realty Inc.

Counsel
Name
Gavin J. Tighe
Contact information
Gardiner, Roberts LLP
Bay Adelaide Centre, East Tower
22 Adelaide Street West, Suite 3600
Toronto, Ontario
M5H 4E3
Telephone: (416) 865-6664
FAX: (416) 865-6636
Email: gjtighe@grllp.com

Summary

Keywords

Property — Real property — Action for breaches of fiduciary duty and negligence — Action dismissed for being commenced outside the two-year limitation period under the Limitation Act, 2002, S.O. 2002, c. 24, Sched. B — Whether the lower courts erred in dismissing the applicant’s action?

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 defaulted, and the sale never closed on a residential real estate transaction. The respondents, James Wang and Rex Chang, are the real estate agents who were involved in the aborted real estate transaction. The corporate respondents are the respondents’ respective brokerage firms. The applicant commenced an action against respondents Rex Cheng and James Wang alleging breaches of fiduciary duty and negligence. The applicant’s action was dismissed under r. 20 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, on the basis that it was started outside the two-year limitation period under the Limitation Act, 2002, S.O. 2002, c. 24, Sched. B. The appeal was dismissed.

Lower court rulings

May 3, 2023
Ontario Superior Court of Justice

2023 ONSC 2708

Applicant’s action dismissed with fixed costs

February 9, 2024
Court of Appeal for Ontario

2024 ONCA 102

Appeal dismissed with fixed costs

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27