Court of Appeal for Ontario

Date: September 26, 2019 Docket: C65554

Justices: Juriansz, Benotto and Miller JJ.A.

Between

Katty Man Nger Tsui-Wong Plaintiff (Respondent)

and

Daniel Xiao, also known as Daniel Shao, also known as Daniel Gannon Shao, also known as Daniel G. Shaw, June Lu, also known as June June Lu, also known as June Lu Shaw, also known as June L. Shaw, Yongxin Lu, and Suqiu Cheng Defendants (Appellants)

Counsel

Allan Rouben, for the appellants

William Murray and Annabelle Wai Ying Lui, for the respondent

Heard and Released

Heard and released orally: September 23, 2019

On appeal from: The judgment of Justice Janet M. Wilson of the Superior Court of Justice, dated May 29, 2018.

Reasons for Decision

[1] This appeal arises out of a judgment after trial in a fraudulent conveyance action dated May 29, 2018 against June Lu in the amount $175,000, and against her parents, Yongxin Lu and Suqiu Cheng, in the amount of $60,000.

[2] The appellant submits the trial judge made errors in defining the ambit of the proceedings before her, and in her findings of fact about the monies each of the conspirators received from Daniel Xiao, and where those monies went.

[3] The trial judge's finding, that the appellants were participants in a civil conspiracy to defraud the plaintiff and to prevent her from realizing on the judgment in her favour against Daniel Xiao, was supported by the record.

[4] The trial judge had broad remedial authority under the Fraudulent Conveyances Act, R.S.O. 1990, c. F.29, and the Assignments and Preferences Act, R.S.O. 1990, c. A.33, to do justice between the parties. We are not persuaded that the trial judge applied incorrect legal principles, that she made overriding and palpable errors in her findings of fact, or that she allowed the trial process to result in unfairness.

[5] The appeal is dismissed. The costs of the appeal are fixed in the amount of $15,000, all inclusive.

R.G. Juriansz J.A.

M.L. Benotto J.A.

B.W. Miller J.A.