Chiang (Re), 2010 ONCA 67

CITATION: Chiang (Re), 2010 ONCA 67

DATE: 20100127

DOCKET: C47106

COURT OF APPEAL FOR ONTARIO

Laskin, Simmons and Armstrong JJ.A.

In the Matter of the Bankruptcy of Jay Tien Chiang of the Town of Richmond Hill, in the Regional Municipality of York in the Province of Ontario

BETWEEN

Mendlowitz & Associates Inc. in its capacity as trustee in bankruptcy of Jay Tien Chiang, Korea Data Systems, Co. Ltd., also known as K.D.S. Korea, and Korea Data Systems (USA), Inc.

Applicants (Respondents)

and

Jay Tien Chiang, Christina Chiang, also known as Suh Mei Tasi, Chun Chun Wu, Jie Chu Wu, Chen Cheng Yueh Tsai Yu Chang Chiang, also known as Y.C. Chiang, En Fu Chiang, Brenda Chang, Samson Chang, David Cheng, Everview Inc., 961266 Ontario Inc., 1204360 Ontario Inc., 1243723 Ontario Inc., Aamazing Technologies Inc., Wen Wang Chiang also known as Wen Chiang also known as Wen Wang, Crystalview Technology Corp., E.C. Holdings Ltd., Telepower International (Canada) Inc. and Best Buy Electronics Inc., Su Feng Tsai also known as Tsai Su Feng Tsai Zheng Li, Tsai Zheng Ying, Asia Pacific Gateway (H.K) Ltd., Century Group Holdings Ltd., and Albany Investments Ltd.

Defendants (Appellants)

AND BETWEEN

Mendlowitz & Associates Inc. in its capacity as trustee in bankruptcy of Jay Tien Chiang, Korea Data Systems, Co. Ltd., also known as K.D.S. Korea and Korea Data Systems (USA), Inc.

Applicants (Respondents)

and

Jay Tien Chiang, also known as Jay Chiang, also known as Tienchien Chiang, and Ontario Parole and Earned Release Board

Defendants (Appellants)

J. Thomas Curry and Marguerite Ethier, for the appellants

Christopher D. Bredt and Aaron A. Blumenfeld, for the respondents

Malliha Wilson and Christopher Thompson, for the intervener, the Attorney General of Ontario

Heard: February 11 and 12, 2008

On appeal from the orders of Justice Joan L. Lax of the Superior Court of Justice dated April 17, 2007 and reported at 2007 ONSC 12203 (Ont. S.C.), May 14, 2007 and reported at (2007), 2007 ONSC 82789, 85 O.R. (3d) 425 (Ont. S.C.), April 30, 2007 and September 26, 2007.

COSTS ENDORSEMENT

[1] The respondents were largely, though not entirely, successful on this appeal. In our view, a fair and reasonable costs award is for the appellants to pay the respondents $50,000, inclusive of disbursements and GST.

"John Laskin J.A."

"Janet Simmons J.A."

"Robert R. Armstrong J.A."