Pursuant to an order issued by the Ontario Superior Court of Justice (Commercial List) (the “Court”) on December 7, 2021 (the “Appointment Order”), BDO Canada Limited was appointed receiver (the “Receiver”), without security, of the Contested Funds held by the Applicants as defined therein.
The Court declared that a conflict exists among the respondents regarding their claims to net funds paid (the “Contested Funds”) as part of a scheme (the “Sunrise Technology Scheme”) operated by the respondent Xiaodong Yang, some of which are currently held by 13364097 Canada Inc. (“13364097”) and Bao Ying Cao (collectively with 13364097, the “Applicants”).
As outlined in the Appointment Order, the Contested Funds are to be directed to the Receiver and the Receiver is to determine and report on a plan for the fair and equitable distribution of the Contested Funds to respondents.
Stay of Proceedings
The Appointment Order states that no proceedings shall be commenced or continued against the Receiver in its capacity as Receiver or against the Applicants except with the written consent of the Receiver or with leave of the Court, and any such proceedings currently under way shall be stayed and suspended pending further Order of this Court.
Additional updates on the receivership proceedings and a Claims Process will be posted to this site as they become available.
Receivership Documents
- Application Record
- Book of Authorities
- Factum of the Applicants
- Endorsement, Cao v. Yang, Dec 7, 2021
- Appointment Order re Cao v Yang - Interpleader Order - Issued Dec 7 2021
- Motion Record of the Receiver Dated May 20, 2022
- Supplement to the Receiver's First Report dated May 26 2022
- Court Order re RBC Disclosure - May 27, 2022
- CV-21-00672880-00CL Counsel Slip for Estates-Commercial - May 27, 2022
- CV-21-00672880-00CL Cao et al -v- Yang et al - Endorsement Signed 07JUN2022
- CV-21-00672880-00CL Cao et al -v- Yang et al - Ancillary Order FINAL 07JUN2022
- CV-21-00672880-00CL Cao et al -v- Yang et al - Claims Process Order FINAL 07JUN2022
- Motion Record of the Receiver dated July 24, 2023
- Distribution and Discharge Order dated August 4, 2023
- Court’s Endorsement – Distribution and Discharge of Receiver
If you have any questions or concerns regarding the administration of the receivership, please send an email to the following address with your questions and/or concern and the appropriate person will respond as soon as reasonably possible.
CLAIMS PROCESS AND NOTICE OF CLAIMS BAR DATE
Notice of Claims Process and CLAIMS BAR DATE – 5:00 p.m. (Toronto time) on Thursday February 2, 2023
Effective as of December 7, 2021, BDO Canada Limited was appointed by the Ontario Superior Court of Justice (Commercial List) (the “Court”) as receiver (the “Receiver”) of the Contested Funds held by 13364097 Canada Inc. and Bao Ying Cao (collectively, the “Applicants”).
This notice is being delivered pursuant to Orders of the Court made June 7, 2022 (the “Claims Process Order”).
The Receiver obtained the Claims Process Order to determine who is entitled to share in the distribution of the Contested Funds. In order to receive a distribution of the Contested Funds, the Receiver MUST receive your acknowledgement of your Claim Statement, Request for Amendment or Proof of Claim on or before 5:00 p.m. (Toronto time) on Thursday February 2, 2023 in accordance with the Claims Process Order.
Claims Process Documents:
1) The Claims Process Order and related schedules:
a. Schedule A – Public Notice to Claimants
b. Schedule B – Notice to Claimants
c. Schedule C – Claim Statement
d. Schedule D – Claim Statement Instruction Letter
e. Schedule E – Notice of Revision or Disallowance of Claim
f. Schedule F – Dispute Notice
g. Schedule G – Proof of Claim Form
h. Schedule H – Proof of Claim Instruction Letter
i. Schedule I – Social Media Notice