Case information
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42207
1163499 B.C. Ltd. v. Dong Sheng Yao
(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) |
|---|---|---|
| 2026-10-08 | Close file on Leave | |
| 2026-10-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-10-01 | Judgment on leave sent to the parties | |
| 2026-10-01 |
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 CA50763, 2025 BCCA 443, dated December 12, 2025, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2026-08-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-03-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-04-16, (Printed version filed on 2026-04-16) | 1163499 B.C. Ltd. |
| 2026-03-06 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2026-03-13) | Dong Sheng Yao |
| 2026-03-06 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: Proof of service (Rec'd 2026-03-10), Completed on: 2026-03-13, (Printed version filed on 2026-03-13) |
Dong Sheng Yao |
| 2026-02-11 | Letter acknowledging receipt of a complete application for leave to appeal, OPENED FILE | |
| 2026-02-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-04-16) | 1163499 B.C. Ltd. |
| 2026-02-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-04-16) | 1163499 B.C. Ltd. |
| 2026-02-09 | Application for leave to appeal, (Book Form), Completed on: 2026-02-09, (Printed version filed on 2026-04-16) | 1163499 B.C. Ltd. |
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 |
|---|---|---|
| 1163499 B.C. Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sheng Yao, Dong | Respondent | Active |
Counsel
Party: 1163499 B.C. Ltd.
Counsel
915 – 8477 Bridgeport Road
Richmond, British Columbia
V6X 0S8
Telephone: (604) 446-1284
Email: I.Ponomarenko@starviewlaw.com
Party: Sheng Yao, Dong
Counsel
620 – 8477 Bridgeport Road
Richmond, British Columbia
V6X 0S8
Telephone: (604) 821-5111
Email: zyang@jmlawbc.com
Summary
Keywords
Civil Procedure – Service – Whether there are issues of public and national importance concerning the scope of the duty of utmost good faith and candour in ex parte and functionally ex parte proceedings, the interaction between procedural service rules and professional conduct obligations, and the appropriate remedial framework where relief is obtained without adversarial participation – Whether this Court’s intervention is required to prevent technical service compliance from displacing the duty of candour and professional responsibility in ex parte and functionally ex parte proceedings across Canada.
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 commenced an action against the respondent, Mr. Yao. In its notice of civil claim, the applicant pleaded that it agreed to an investment proposed by Mr. Yao and a second individual, Ms. Zhang, in early 2022. It alleges that it paid them $150,000. The applicant obtained a default judgment for damages to be assessed, and a further order assessing the damages at $150,000. Mr. Yao applied to set aside both orders. The application was heard in the applicant’s absence and allowed by a judge in chambers. The appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
Damages assessed at $150,000 following default judgment
Supreme Court of British Columbia
S226633
Default judgment and damages assessment set aside
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 613-996-8666 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