PROCEEDINGS - Appeals and judicial review

Law360 Canada ( April 7, 2026, 9:40 AM EDT) -- Appeal by Zhang from orders of a judge on a petition brought by the respondent strata to enforce a lien for unpaid strata fees. The amounts at issue were small, the lien was originally for $751, and the Strata asserted $1,822 was owing. Zhang did not attend the petition hearing, instead, Li Zhang appeared, stating she was his daughter, that he was in China, and sought an adjournment. The judge refused the adjournment and granted the orders sought, including a declaration of default and a direction that the final amount owing be certified by the registrar, with sale of the property if payment was not made within 30 days of the registrar’s determination. Zhang appealed, arguing the judge erred in refusing an adjournment and in granting judgment without giving him an opportunity to present evidence that strata fees were paid. He also challenged the order referring the accounting to the registrar. Zhang repeatedly failed to meet deadlines, did not attend the appeal hearing despite clear Court direction, and attempted to file additional unsworn evidence and submissions at the last moment. He also filed an affidavit purportedly sworn by Xiaofei Sun, claiming she paid the fees on his behalf. Concerns were raised that the affidavit was fabricated. No commissioner named Susan Jiang existed, and the jurat listed the courthouse as her address. The Court directed affidavits to explain the circumstances, but Li Zhang’s explanation was implausible, unsupported, and inconsistent. Zhang continued to rely on the affidavit, including submitting a second re‑sworn version on the day of the continued hearing....
LexisNexis® Research Solutions

Related Sections