ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO: CV-10-403733
DATE: 20120118
B E T W E E N:
The Canada Life Assurance Company Plaintiff/Applicant - and - Globedex Financial Corp., Benny Siu Wai Cheung also known as Benny Wan, Karine Ka Wu, Evermore Financial Corp., Justice TSE, Peony Financial Inc., Jeffrey Kar Kwong Lau, Daisy Pui Wah Lau, Onrich Investments Corp., Brian Fai Law also known as Brian Yu Hui Luo and Yu Hui Brian Luo, Jane Zhou and Julius Tarantino Defendants/Respondents
Michael McGraw, for the Plaintiff/Applicant
Self-Represented
HEARD : January 5, 2012
B. O’Marra J.:
[ 1 ] This is a motion pursuant to Rules 20.01 and 20.04 for summary judgment against four of the named defendants:
Jeffrey Lau
Daisy Lau
Jane Zhou
Justin Tse
[ 2 ] All of these four individuals represent themselves. Jeffrey Lau appeared on behalf of himself and his wife, Daisy Lau. Jane Zhou and Justin Tse appeared on their own behalf. All four of these defendants filed a Statement of Defence but have provided no further documentation or evidence to the Court.
[ 3 ] Canada Life Assurance Company (Canada Life) seeks to recover amounts owing to it as a result of commissions received and other amounts in respect of insurance policies issued by Canada Life. Because certain of these policies were terminated or lapsed due to, among other things, the non-payment of premiums by policy holders within the first two years of the policy, Globedex and certain other named defendants are required by the terms of their contracts with Canada Life to return some commissions and other amounts to Canada Life. These amounts are referred to as “charge backs”. Canada Life also seeks to recover amounts owed by certain individuals who personally guaranteed payment of debts owed by Globedex and its producers.
[ 4 ] On November 18, 2010 Canada Life obtained default judgment against Peony Financial Inc. in the amount of $273,409.16 plus costs of $1,050.00 (the “Peony Default Judgment”) and Onrich Investments Corp. in the amount of $385,839.23 plus costs of $1,050.00 (the “Onrich default judgment”). The default judgments remain unsatisfied. Canada Life seeks summary judgment with respect to the Peony default judgment against Jeffrey Lau and with respect to the Onrich default judgment against Brian Law, both as guarantors, of all indebtedness of Peony and Onrich, respectively, to Canada Life.
[ 5 ] The charge backs owed by Daisy Lau and Jane Zhou to Canada Life also remain outstanding.
Re: Jeffrey Lau
[ 6 ] Jeffrey Lau is indebted to Canada Life with respect to the Peony default judgment based on the personal guarantee he signed dated October 1, 2008. By letter dated August 4, 2009, Jeffrey Lau advised Canada Life he was willing to sell two investment properties to repay indebtedness to Canada Life. By an e-mail message dated September 11, 2009, Jeffrey Lau again referred to his efforts to sell properties in order to satisfy his debt to Canada Assurance. To date no amounts have been paid to Canada Life by Mr. Lau.
[ 7 ] As of January 5, 2012 the amount owed by Jeffrey Lau to Canada Life is $280, 589.60 (being the default judgment against Peony of $273,409.16, plus $1,050 costs plus post-judgment interest accrued on the Peony default judgment between November 18, 2010 and January 5, 2012, minus renewal commissions credited to Peony’s account).
Re: Brian Law
[ 8 ] Brian law is indebted to Canada Life with respect to the Onrich default judgment based on the personal guarantee he signed dated September 1, 2008. By letter dated August 4, 2009, Brian Law admitted his indebtedness to Canada Life and offered an interest in certain properties he owned. No amounts have been paid to Canada Life.
[ 9 ] As of January 5, 2012, the amount owed by Brian Law to Canada Life is $395,550.58 (being the default judgment against Onrich, including costs plus the amount of post-judgment interest that has accrued on the Onrich default judgment between November 18, 2010 and January 5, 2012, minus renewal commissions that have been credited to Onrich’s account).
Re: Daisy Lau
[ 10 ] Daisy Lau is indebted to Canada Life in the amount of $166,427.53 based on amounts paid out to her credit by Canada Life pursuant to a producer contract dated October 9, 2008. There is also owing pre-judgment interest in the amount of $9,706.37 at the rate of 3.25% for the period March 31, 2010 to January 5, 2012. There have been no payments toward this debt.
Re: Jane Zhou
[ 11 ] Jane Zhou is indebted to Canada Life in the amount of $198,288.26 based on amounts paid out to her credit by Canada Life pursuant to a producer contract she signed. There is also pre-judgment interest in the amount of $11,564.55 at the rate of 3.25% for the period March 10, 2010 to January 5, 2012. There have been no payments toward this debt.
Disposition
[ 12 ] Based on the uncontradicted evidence presented as well as oral submissions, I find for the plaintiff and award the following damages:
a) Re: Jeffrey Lau: $280,589.60 plus post-judgment interest at the rate of 3.25% per year.
b) Re: Brian Law: $395,550.58 plus post-judgment interest at the rate of 3.25% per year.
c) Re: Daisy Lau: $176,133.90 plus post-judgment interest at the rate of 3.25% per year.
d) Re: Jane Zhou: $209,852.81 plus post-judgment interest at the rate of 3.25% per year.
[ 13 ] The parties may provide brief written submissions as to costs to be received at Judicial Administration at the Court House, 361 University Avenue, Toronto, by January 25, 2012.
B. O’Marra J.
Released:
COURT FILE NO: CV-10-403733
DATE: 20120118
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N:
The Canada Life Assurance Company Plaintiff/Applicant - and - Globedex Financial Corp., Benny Siu Wai Cheung also known as Benny Wan, Karine Ka Wu, Evermore Financial Corp., Justice TSE, Peony Financial Inc., Jeffrey Kar Kwong Lau, Daisy Pui Wah Lau, Onrich Investments Corp., Brian Fai Law also known as Brian Yu Hui Luo and Yu Hui Brian Luo, Jane Zhou and Julius Tarantino Defendants/Respondents
JUDGMENT B. O’Marra J.
Released: January 18, 2012