Recent Cases

Lun v. Lun, 2020 BCSC 871

D.L. and C.L. were married for 25 years before they separated in 2018. The issues in the family proceeding included the division of family assets, including a lucrative insurance business operated by the couple. On application, C.L. sought to have a business sold to a third party on the condition that D.L. would be restrained from selling insurance. Mr. Pun successfully had the application dismissed on the basis that C.L’s application was not permitted under the Family Law Act.

Sichuan Xiangtianxia Restaurant Management Limited Company v. Spice World Restaurant Ltd., 2020 BCSC 1009

Sichuan Xiangtianxia Restaurant Management Limited Company commenced a litigation on June 6, 2018, alleging that a local Richmond restaurant infringed on its copyright and trademark 香天下. Mr. Pun successfully defended the local Richmond restaurant’s rights to use the name 香天下 and had the case dismissed.

Yang v. Wang, 2020 BCSC 1176

Yang v. Wang, 2021 BCCA 56

The appellant applied to a Supreme Court judge to set aside a default judgment on a promissory note. The default judgment was granted on December 7, 2015. The appellant claims not to have known of the judgment, or of the action against him, until after a garnishing order was entered on February 22, 2016. Even after becoming aware of the judgment, however, he delayed bringing an application to set it aside for four years. The judge refused to set aside the default judgment, finding that he met none of the criteria for such an order. On appeal, the appellant seeks to file additional evidence. Ms. Jiang successfully argued to have appeal dismissed in its entirety.

0843003 B.C. Ltd. v. Inspire Group Development Corporation, 2021 BCSC 516

0843003 B.C. Ltd. v. Inspire Group Development Corporation, 2022 BCCA 3

0843003 B.C. Ltd. v Inspire Group Development Corporation, 2024 BCSC 16

The Plaintiff alleged that the Defendant had occupied certain warehouse units in Richmond, BC and had failed to pay rent to the Plaintiff. Mr. Pun successfully defended the claim by establishing that the Defendant did not occupy the units but rather it was a rogue director who either occupied the units himself or had failed to collect rent from other third parties. Mr. Pun also successfully defended the Plaintiff’s alternative claim that the Defendant should be vicariously liable for the rogue director’s actions and had the case dismissed in its entirety.

Xing v. Aikang GP (006) Management Ltd., 2021 BCSC 1787

Ai Kang Capital Inc. v. Xing, 2024 BCCA 175

This is a shareholder’s dispute relating to the misappropriation of funds in excess of $1,000,000 by one of the directors and major shareholders of the company. Mr. Pun represented two minority shareholders in an effort to recuperate the funds. The majority shareholder applied to convert the petition hearing into a full trial. Mr. Pun successfully established that the majority shareholder was bound to lose and thus a full trial was not required. Mr. Pun was also successful at the Court of Appeal of British Columbia in dismissing the majority shareholder’s appeal of the Supreme Court decision.