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Commercial Litigation

Summary of Facts

Our client was made a defendant to a claim by an American company for failure to pay a default judgement in U.S by the father of a Chinese company for alleged defective goods sold from China to U.S.A. The American Company sued the daughter of the Chinese company for fraudulent conveyance of a property transferred by the father to the daughter when she got married. The timing was coincidental.

The Results

We were involved and carefully worked with U.S. lawyer to show that the default judgement was not legally obtained, and we fought hard on the substantive merits of the claim to show to the Canadian court why this is not an enforceable judgement.

we also showed that the title transfer was coincidental, and in fact, it was not related to the avoidance of judgement debt. Our client is an innocent victim of this episode. 

We successfully dismissed the Plaintiff’s claim; but currently the Plaintiff is coming back with an attempt to set aside the dismissal.

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