15 Mar 2023
Chao Yin Canada Group Inc. v Xenova Property Development Ltd.
Chao Yin Canada Group Inc. had requested a hearing to assess the special costs awarded to them after the joint trial of two actions in June 2021. The trial judgment favored Chao Yin in their fraud suit, while the defendants, Xenova and Li, failed in their counterclaim. Special costs were granted to Chao Yin due to the defendants' reprehensible conduct. Li, a principal of Xenova, remained an undischarged bankrupt. Li neither challenged the bill of costs nor attended the assessment hearing. Chao Yin sought $307,993.63 in special costs, covering legal fees, disbursements, and preparation expenses.
The court determined that Chao Yin should receive 100% of the claimed disbursements. The special costs for both actions were assessed at $307,993.63, encompassing legal fees, taxes, and a lump sum for expenses incurred after February 24, 2023, along with Mr. Kressock's witness fee.