Court of Appeal for Ontario

Date: 2023-04-25 Docket: M53906 (COA-22-CV-0248)

Before: Doherty, Zarnett and Sossin JJ.A.

Between: Shanghai Lianyin Investment Co. Ltd. Respondent (Moving Party)

And: Zheng Yao Lu aka Charles Lu, Lichun Guo aka Guo Li Chun, 2564454 Ontario Inc., United Assets Management Inc., Woodbine United Centre Inc. and Woodland Development Inc. Appellant (Responding Party)

Counsel: Lincoln Caylor, Nathan J. Shaheen and Shaan P. Tolani, for the appellant Ian C. Matthews and Shereen Khalfan, for the respondent

Heard and released orally: April 21, 2023

Reasons for Decision

[1] Having regard to the nature of the proceedings and the reasons of the motion judge giving rise to the order under appeal, we are satisfied that the only “real matter in dispute between the parties” was the validity of the service on the appellant, Mr. Lu: see Paulpillai Estate v. Yousef, 2020 ONCA 655, at para. 16. Orders relating to the validity of service are interlocutory: see Xela Enterprises Ltd. v. Castillo, 2014 ONCA 275.

[2] The motion is allowed, the appeal is quashed.

[3] Mr. Lu cannot be faulted for bringing the appeal in this court. It was unclear whether this court had jurisdiction to hear the appeal. Any delay in bringing the matter before the Divisional Court, flowing from the appeal to this court, should not prejudice Mr. Lu in the Divisional Court. Counsel for the respondent, Shanghai Lianyin Investment Co. Ltd., has advised the court that, if a motion for leave to appeal in the Divisional Court is brought in a timely fashion, he will not object to an extension of time to permit the bringing of that motion.

[4] Costs to Shanghai Lianyin Investment Co. Ltd. in the amount of $7,500, inclusive of taxes and disbursements.

“Doherty J.A.”

“B. Zarnett J.A.”

“L. Sossin J.A.”