Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41239
Zhenhong Wu v. Suevilia Development Corporation
(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) |
|---|---|---|
| 2024-12-02 | Close file on Leave | |
| 2024-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-10 | Judgment on leave sent to the parties | |
| 2024-10-10 |
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 for Ontario, Number COA-23-CV-0309, 2024 ONCA 124, dated February 21, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-10-10 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2024-09-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-03 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-05-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-05-17, (Printed version due on 2024-05-27) | Zhenhong Wu |
| 2024-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-05-27) | Suevilia Development Corporation |
| 2024-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-05-27) | Suevilia Development Corporation |
| 2024-05-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-17, (Printed version due on 2024-05-27) | Suevilia Development Corporation |
| 2024-04-24 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-04-23 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-04-30) | Zhenhong Wu |
| 2024-04-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-04-30) | Zhenhong Wu |
| 2024-04-23 |
Application for leave to appeal, (Book Form), Missing: - Motion for extension of time (Rec'd May 17, 2024) , Completed on: 2024-05-17, (Printed version due on 2024-04-30) |
Zhenhong Wu |
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 |
|---|---|---|
| Wu, Zhenhong | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Suevilia Development Corporation | Respondent | Active |
Counsel
Party: Wu, Zhenhong
Counsel
510-675 Cochrane Dr., East Tower
Markham, Ontario
L3R 0B8
Telephone: (905) 477-3110
FAX: (905) 477-3210
Email: paul@starkmanlawyers.com
Party: Suevilia Development Corporation
Counsel
207-1370 Don Mills Road
Toronto, Ontario
M3B 3N7
Telephone: (416) 847-3352
FAX: (416) 847-3358
Email: patrick@martinlawoffice.ca
Summary
Keywords
Contracts — Breach — Consumer Protection — Agreement of purchase and sale — Interpretation of agreement of purchase and sale and vendor’s delayed closing warranty for pre-construction home — Whether vendor fulfilled its obligations concerning setting closing dates and obtaining an occupancy permit.
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.
Mr. Wu agreed to purchase a pre-construction home from Suevilia and paid a deposit.
Mr. Wu later asked and Suevilia agreed that the closing date be changed. Suevilia submits it subsequently sent the required notices to Mr. Wu setting out the closing dates and asserts that Mr. Wu failed to close the transaction. Suevilia later resold the home. Mr. Wu submits that Suevilia’s notices were defective. Suevilia commenced an action against Mr. Wu claiming forfeiture of the deposit and damages for its losses in reselling. Mr. Wu sued Suevilia for the return of his deposit.
The motion judge dismissed Mr. Wu’s motions for summary judgment in both actions, and ordered that the deposit be forfeited to Suevilia. She found that although Suevilia did not always use the precise nomenclature, it complied with the necessary timelines for giving notice and it was obvious which date was being set. She held it was apparent that it was only Mr. Wu who was not ready, willing, and able to close on the closing date.
The Court of Appeal dismissed the appeal, finding no error in the motion judge’s conclusions.
Lower court rulings
Motions for summary judgment dismissed; order that Mr. Wu forfeited the deposit to Suevilia
Appeal 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