Court File and Parties
CITATION: Zhong v. Wu, 2021 ONSC 2008
DIVISIONAL COURT FILE NO.: 004/20
DATE: 20210317
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
BETWEEN:
Jian Wu Appellant (Respondent)
– and –
Xinsheng Zhong Respondent (Moving party)
Counsel:
No one appearing for Mr. Wu
Heng (Pandora) Du, for the Moving Party
HEARD at Toronto by videoconference: March 17, 2021
Reasons for Decision
Favreau J.
[1] In a decision dated December 14, 2020 (reported at 2020 ONSC 7763), I granted an order for security for costs requiring Mr. Wu to post $20,000 in security for costs by January 15, 2021, failing which Mr. Wu’s appeal from the order of Penny J. (reported at 2019 ONSC 7088) would be dismissed.
[2] Mr. Zhong brings this motion to dismiss the appeal on the basis that Mr. Wu has not posted security for costs as required by my previous order.
[3] Mr. Wu did not appear on the motion and he did not file any responding materials. In advance of the motion, he sent two emails to the court that only came to my attention at the hearing. In his first email dated March 9, 2021, he stated that he objected to the March 17th hearing date but provided no explanation for his objection. In a second email dated March 12, 2021 sent in response to the Court’s email sending out the Zoom link for the hearing, Mr. Wu did not acknowledge the hearing but instead made overt threats to continue his campaign of defamation against Mr. Zhong and included a letter addressed to the Minister of Justice and Attorney General of Canada.
[4] Under the circumstances, it is clear that Mr. Wu was aware of the hearing date but he chose not to participate. After waiting 15 minutes for Mr. Wu to sign on, I proceeded with the hearing in his absence.
[5] I have reviewed Mr. Zhong’s affidavit and am satisfied that, despite my order and at least two demands made by Mr. Zhong’s lawyer, Mr. Wu did not post security for costs by the deadline set by the court. In fact, correspondence from Mr. Wu attached to Mr. Zhong’s affidavit suggests that he has no intention of posting security for costs.
[6] Accordingly, I am granting an order dismissing the appeal.
[7] Mr. Zhong is entitled to his costs of this motion in the amount of $4,000 all inclusive, to be paid within 30 days.
[8] Mr. Zhong is not required to obtain Mr. Wu’s consent to the form of the order. The draft order can be sent to the Court with a request that it be directed to my attention for signature.
[9] Before concluding, as mentioned above, the materials filed by Mr. Zhong on this motion include evidence that Mr. Wu continues to make defamatory statements about Mr. Zhong despite the injunction granted by Penny J. While Mr. Zhong did not bring a motion for contempt, Mr. Wu’s continued violation of the injunction order certainly appears to warrant contempt proceedings in the future.
Favreau J.
Released: March 17, 2020
CITATION: Zhong v. Wu, 2021 ONSC 2008
DIVISIONAL COURT FILE NO.: 004/20
DATE: 20210317
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
Jian Wu Appellant (Respondent)
– and –
Xinsheng Zhong Respondent (Moving party)
REASONS FOR JUDGMENT
FAVREAU J.
Released: March 17, 2021