Court of Appeal for Ontario

CITATION: Winwin Capital Management, LLC v. Oversea Chinese Fund Limited Partnership, 2014 ONCA 662

DATE: 20140924

DOCKET: M43810 (C58107)

Juriansz, LaForme and Lauwers JJ.A.

BETWEEN

Tom Tong, Receiver for Winwin Capital Management, LLC, Winwin Capital Limited Partnership, J.O.R. & Associates, LLC, Winwin Capital Partners, LP, and Bluejay Investment, LLC D/B/A Vintage International Investment, LLC

Respondents

and

Oversea Chinese Fund Limited Partnership and Weizhen Tang & Associates Inc., Weizhen Tang Corp. and Weizhen Tang

Appellants (Moving Party)

Counsel:

Weizhen Tang, acting in person

Alex Zavaglia, for the respondents

Heard and released orally: September 17, 2014

On a motion to review the order of Justice E.A. Cronk of the Court of Appeal for Ontario, dated May 13, 2014.

ENDORSEMENT

[1] The moving party, Mr. Tang, seeks to review the in-chambers decision of Cronk J.A., dismissing his motion to extend the time to perfect his appeal.

[2] On March 25, 2014, Hoy A.C.J.O granted an extension for perfection to May 13, 2014. She noted that Mr. Tang had agreed to the extended timeframe and remarked that there should be no further adjournment. Mr. Tang did not perfect his appeal by May 13, 2014 and instead sought a further extension of time, which Cronk J.A. refused.

[3] Before us, Mr. Tang explains that he was unable to meet the extended timeline because he is incarcerated and had spent two months in segregated custody.

[4] Accepting that is so, we would nevertheless dismiss this motion. The appeal is without merit. The appeal is taken from the decision of Newbould J., before whom the only issue was the reasonableness of the fees and disbursements submitted by representative counsel. Mr. Tang has no prospects on succeeding on the appeal of Newbould J.’s decision. From his submissions, it is apparent that Mr. Tang seeks to advance other issues that are beyond the scope of the appeal.

[5] The motion is dismissed.

[6] Costs in favour of the respondent are fixed in the amount of $5,000.00, all inclusive.

“R.G. Juriansz J.A.”

“H.S. LaForme J.A.”

“P. Lauwers J.A.”