Justice Crerar found enough prima facie evidence of breaches of the March 11 and March 25 orders to raise the security, ordering a further C$5 million so that C$10 million is held in total.
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User-supplied copy received 15 October 2026; not independently authenticated against the court registry. Six-page transcript of oral reasons with text layer.
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User-supplied copy received 15 October 2026; not independently authenticated against the court registry. Six-page transcript of oral reasons with text layer. The application was heard without notice and the defendants did not appear; the court describes the evidence as prima facie only. Paragraph 11 says the defendants brought the application, while the entered order (D010) records it as the plaintiffs’ application; read the two together. The transcriber replaced “$5,000” and “$10,000” with “$5 million” and “$10 million” by agreement of counsel and the judge (D011). No final liability, damages award or ruling on the pleaded fraud is made.
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IN THE SUPREME COURT OF BRITISH COLUMBIA
Date: 20260904
Docket: S260999
Registry: Vancouver
Between:
Ryan Martin, Timothy Martin, John McMaster, Wild Timber Industries Ltd.,
Artic Rents Ltd., Citra Logistics Ltd., Seaton Forest Products Ltd.,
1350387 B.C. Ltd., and 1356262 B.C. Ltd.
Plaintiffs
And
XCMG Canada Ltd., XCMG North America Corporation,
XCMG America Financial, LLC., Victor Jiang, Paul Bechard, Terri Fodchuck,
Casey Guay, Gengzong Qiu, Joseph Bellanca, also known as Joe Bellanca,
Saiyinjirigala Batochir, also known as Sain Li, Christopher Li, also known as
Chris Li, Michel Rheaume, ANT Rentals Ltd., Bo Zhou, and
Michael Langston, also known as Mike Langston
Defendants
Before: The Honourable Justice Crerar
Oral Reasons for Judgment
In Chambers
Counsel for the Plaintiffs: A.S. Cofman
M.M. Chinneck
No other appearances
Place and Date of Trial/Hearing: Vancouver
September 4, 2026
Place and Date of Judgment: Vancouver
September 4, 2026
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Individuals, Wild Timber and affiliated companies allege commercial misrepresentations and serial-plate changes. The supplied claim and March 11 order belong to VLC-S-S-260999, a separate proceeding from Artic’s S-261878.
VLC-S-S-260999 · 2026-02-09 · Filed/sealed initiating pleading evidenced by supplied copy; underlying claims unadjudicated here. · 32 PDF pages
The supplied March 11 order imposed interim asset restrictions in VLC-S-S-260999, not a merits ruling or damages award. It was extended, varied and replaced on September 4, 2026 (D010).
VLC-S-S-260999 · 2026-03-11 · Entered interlocutory order evidenced by supplied signed/stamped copy. Present continuing effect and subsequent variations/discharge not independently verified. · 6 PDF pages
This order extends, varies and replaces the March 11 Mareva order and the March 25 relief. It adds XCMG America Financial, raises allowed spending to C$1.5 million a month, and requires C$10 million in total security plus twice-monthly reporting. It is interim relief, not a finding of liability.
VLC-S-S-260999 · 2026-09-04 · Entered order bearing the Vancouver Registry stamp of September 4, 2026 and a court signature. Scanned copy without a text layer. · 5 PDF pages
This registry form shows both sides’ counsel ordered the September 4 oral reasons, and the court distributed the official copy on September 10. It also records the transcriber’s note that dollar amounts were corrected to millions by agreement.
VLC-S-S-260999 · 2026-09-08 to 2026-09-10 · Ordering-party requests dated September 8 and 9; court message dated September 10, 2026. · 2 PDF pages
