COURT OF APPEAL FOR ONTARIO
CITATION: Fan v. Yang, 2026 ONCA 601
DATE: 20260824
DOCKET: COA-25-CV-1542
Miller, Wilson and Madsen JJ.A.
BETWEEN
Lingling Fan
Applicant (Appellant)
and
Xiande Yang
Respondent (Respondent)
Lingling Fan, acting in person
Evan Chang, for the respondent
Heard and rendered orally: August 21, 2026
On appeal from the order of Justice Charles C. Chang of the Superior Court of Justice, dated October 28, 2025.
REASONS FOR DECISION
[1] The appellant brought an application to set aside a separation agreement, and sought orders for spousal and child support, among other orders.
[2] She did not attend a December 2024 date for the hearing of a long motion in this matter. A case management conference was held on January 2, 2025. The parties agreed to a timetable that included the trial being heard in person in spring 2025. She subsequently sought an order that the trial be conducted virtually. The court rejected that request. The trial was adjourned to the fall sittings. The appellant failed to attend multiple pre-trial conferences. She was warned on multiple occasions to attend the trial in person.
[3] The appellant failed to attend at the trial. The trial proceeded without her, and her claims were dismissed.
[4] The appellant now appeals on the basis that: (1) she was denied procedural fairness; (2) the court failed to adjudicate the validity of the separation agreement; and (3) the court erred by not adjudicating her support claims.
[5] There has been no miscarriage of justice. If the appellant objected to the order requiring the trial to be heard in person, the proper course was to appeal that order, not defy it. The appellant cannot now complain of having not been heard. The trial judge made no error in proceeding with the trial and resolved the only live claims that were before him on the evidence that was before him. There is no basis for appellate intervention.
DISPOSITION
[6] The appeal is dismissed. The respondent is awarded costs of the appeal in the amount of $2,076, all inclusive.
“B.W. Miller J.A.”
“D.A. Wilson J.A.”
“L. Madsen J.A.”