China-Canada Cross-Border Disputes
Litigation Counsel for Chinese Businesses Operating in Canada
We act as Canadian litigation counsel for Chinese-owned and Chinese-backed businesses operating in or trading with Canada. Our work is concentrated on contentious matters — disputes, debt recovery, asset preservation, shareholder fights, judicial review of government decisions, and the recognition and enforcement of CIETAC and other international arbitration awards.
We do not offer corporate setup, M&A, immigration, or tax planning. Those are different practices and we will refer you to trusted Canadian transactional firms. What we do, we do at the trial-court and appellate-court level — with a verifiable record.
Calvin Zhang is fluent in Mandarin and English and has argued at the Ontario Court of Appeal. Paul H. Starkman has 30+ years of trial experience before the Ontario Superior Court of Justice. Search either name on CanLII and you will find reported decisions on the public record.
Featured Precedent
China Yantai Friction Co. Ltd. v. Novalex Inc., 2024 ONSC 608
CIETAC arbitration award for unpaid automobile brake-pad supply contracts — $1,571,971. The award debtor opposed recognition under Article V of the New York Convention. The Ontario Superior Court of Justice rejected those arguments and recognized the award in full, with $50,000 costs on consent.
Calvin Zhang and Paul Starkman acted for the award holder. The decision is publicly reported on CanLII and demonstrates how foreign arbitration awards against Canadian counterparties can be enforced through the Ontario Superior Court.
What We Do
Cross-Border Litigation Services
CIETAC / International Arbitration Award Enforcement
Recognition and enforcement of CIETAC, ICC, HKIAC, SIAC and other foreign arbitral awards in Ontario under the New York Convention. We acted in China Yantai Friction v. Novalex, 2024 ONSC 608 — a $1,571,971 CIETAC award enforced in Ontario with full $50,000 costs awarded.
Read the CIETAC enforcement guide →Cross-Border Debt Recovery
When a Canadian customer or counterparty owes a Chinese company money — pre-judgment Mareva injunctions to freeze assets, summary judgment to skip trial, garnishment and writs of seizure for execution. We handle claims from $50,000 to multi-million dollar matters in the Ontario Superior Court.
Contract disputes practice →Shareholder & Joint-Venture Disputes
When a Chinese investor's local partner withholds funds, dilutes their interest, or transfers assets — oppression remedy applications under OBCA s.248, derivative actions, court-ordered buyouts, and Mareva injunctions. See our Cheng v. Qu Fei Cheng, 2022 ONSC 6796 Mareva injunction over a $835,000 condominium.
Shareholder disputes →Construction Disputes for Chinese Developers & Contractors
Chinese-backed developers, contractors and material suppliers in Ontario face Construction Act lien claims, trust claims, payment disputes and defect litigation. We won at trial and on appeal in Fusion Homes v. Sheikh, 2025 ONSC 185 — a Construction Act dispute over expert evidence.
Construction litigation →Commercial Real Estate Disputes
Chinese investors purchasing Ontario commercial property (shopping plazas, industrial sites, development land) face transactional disputes — failed closings, vendor misrepresentation, broker fraud, partition between co-investors. Specific performance claims, CPL registration, and damages litigation.
Commercial real estate disputes →Pre-Construction Condo / Mixed-Use Investments
When a Chinese investor's pre-construction deposit is cancelled by the developer or the project disappears — recovery of deposit plus interest, claims for lost market appreciation, Tarion warranty claims and the developer's disclosure obligations under the Condominium Act.
Pre-construction disputes →Judicial Review of Government Decisions
Adverse decisions from Investment Canada Act reviews, CBSA / customs determinations, CRA tax assessments, professional licensing bodies, and provincial planning approvals can be reviewed in the Federal Court or Ontario Divisional Court (Form 68A, 30-day filing window).
Judicial review →Appeals to the Ontario Court of Appeal
When a trial-level result is unsatisfactory, the next step is appeal. We have argued at the Ontario Court of Appeal — Wei v. Ye-Hang Canada (EH-C) Technology, 2026 ONCA 180, where Calvin Zhang represented the respondent and the summary judgment was upheld.
Appeals practice →Real Scenarios
Common Cross-Border Disputes & What We Do About Them
→ Our Chinese parent company sued our Canadian subsidiary in Ontario — we need defence counsel who can communicate in Mandarin and litigate in English.
Our approach: We act as Canadian litigation counsel coordinating with your Chinese in-house legal team. Calvin Zhang conducts examinations and arguments in English while documenting strategy and risk assessments in Mandarin for headquarters review.
→ We won a CIETAC arbitration against a Canadian counterparty — can we enforce it in Ontario, and how long does it take?
Our approach: Yes, under the New York Convention. The application is made to the Ontario Superior Court and typical timeline is 3-9 months from filing to recognition order. Resistance grounds under Article V are narrow. We have an Ontario Superior Court precedent — China Yantai v. Novalex, 2024 ONSC 608.
→ Our Canadian distributor stopped paying invoices, and we hear they're moving inventory and accounts offshore. What can we do urgently?
Our approach: Mareva injunction — an ex parte court order freezing the debtor's worldwide or Canadian assets pending trial. The motion can be heard within 24-72 hours of instruction. We obtained a Mareva order over an $835,000 condominium in Cheng v. Qu Fei Cheng, 2022 ONSC 6796.
→ Our Canadian joint venture partner has been redirecting customer payments to a parallel company and excluding us from board decisions.
Our approach: Oppression remedy under OBCA s.248 — the court can order buyouts, account inspections, board reconstitution, return of misappropriated funds, and director removal. Combined with Mareva or Norwich orders to trace the diverted funds.
→ We bought commercial property in Markham/Mississauga but the seller misrepresented the zoning/environmental status. We discovered this after closing.
Our approach: Post-closing fraud and misrepresentation claims — rescission, damages, or specific performance with abatement. Time-sensitive (Limitations Act 2-year window from discovery). We pair this with CPL registration to prevent the property's onward transfer.
→ Investment Canada Act review or CBSA customs decision went against us. Is that decision actually final?
Our approach: No — most administrative decisions are reviewable. Federal Court judicial review for ICA / federal regulators; Ontario Divisional Court for provincial decisions. Strict 30-day filing deadlines apply. We frame the case around procedural fairness, reasonableness (Vavilov), and statutory interpretation.
Why Us
Our Advantages in Cross-Border Disputes
Real CIETAC Enforcement Precedent
Most law firms have never enforced a Chinese arbitration award in Canada. We have — China Yantai v. Novalex, 2024 ONSC 608 — $1,571,971 CIETAC award recognized and enforced in the Ontario Superior Court with full costs.
Trial-Tested, Not Just Advisory
We don't only write opinions — we actually try cases. Paul Starkman has 30+ years at the Ontario Superior Court and Court of Appeal. Calvin Zhang argues regularly at the Court of Appeal. Every recommendation we make is grounded in courtroom reality.
Mandarin / English Without Translation Loss
Strategy discussions, evidence review, witness preparation and reporting to Chinese headquarters all happen directly in Mandarin where helpful, then in formal English for court. No third-party translators who miss legal nuance.
Markham Office in the Heart of Chinese Business Canada
510-675 Cochrane Drive — minutes from Highway 7 and the 404, in the centre of the GTA's Chinese business community. Convenient for in-person consultations, document drops, and same-day witness preparation.
CanLII-Verifiable Track Record
Search 'Paul Starkman' or 'Calvin Zhang' on CanLII — every reported decision is on the public record. Most Chinese-Canadian firms cannot show this kind of evidence of actual trial work.
Selective Caseload, Senior Attention
We don't take every matter that walks in. Each cross-border file is staffed by Paul Starkman or Calvin Zhang personally. No junior associate-led drift.
Common Questions
Frequently Asked Questions
Can Starkman & Zhang Lawyers handle the full lifecycle of a Chinese company's expansion into Canada?
No — we are a trial-focused litigation firm and do not provide corporate setup, M&A, immigration, or tax-planning services. Our role is contentious matters: disputes, debt recovery, shareholder oppression, real estate and construction litigation, judicial review, and cross-border arbitration award enforcement. For transactional work we will refer to trusted Canadian transactional firms.
Can a CIETAC, ICC, HKIAC, or SIAC arbitration award be enforced in Ontario?
Yes. Canada is a signatory to the New York Convention (1958), and Ontario has implemented it through the International Commercial Arbitration Act, 2017. The award holder applies to the Ontario Superior Court for recognition; defences are limited to the narrow Article V grounds (invalid agreement, lack of notice, scope, composition, public policy). We acted in China Yantai Friction v. Novalex, 2024 ONSC 608 — recognition granted on a $1,571,971 CIETAC award with $50,000 costs.
Can a Chinese court judgment be enforced in Canada?
Yes, but via a different mechanism. China is not a Convention partner for court judgments, so common-law recognition applies (the Beals v. Saldanha framework). The applicant must show: the Chinese court had real and substantial connection, the judgment is final, procedural fairness was observed, and recognition does not offend Canadian public policy. The process is slower than New York Convention enforcement of arbitration awards.
What is a Mareva injunction and when is it useful in cross-border matters?
A Mareva injunction is a pre-judgment court order freezing a defendant's assets to prevent dissipation before trial. In cross-border matters it is critical because Chinese plaintiffs often cannot enforce Canadian judgments back in China. Freezing the Canadian assets early is the only practical security. The threshold requires a strong prima facie case, real risk of dissipation, balance of convenience favouring the plaintiff, and full undertaking as to damages.
Should a Chinese company use a Chinese lawyer in China or a Canadian lawyer when sued in Ontario?
If the proceeding is in Ontario, you need an Ontario-licensed litigation lawyer — only a licensee of the Law Society of Ontario can appear in court. A Chinese lawyer cannot. The optimal arrangement is direct Ontario counsel (us) coordinating with your in-house Chinese legal team or trusted PRC counsel for evidence and strategy from the Chinese side. We routinely communicate in Mandarin with Chinese GCs and submit formal pleadings in English.
We are a Chinese exporter and our Canadian buyer claims our goods were defective and refuses to pay. What is our risk exposure?
Two parallel tracks: (1) the buyer may sue you in Ontario for breach of contract / fraudulent misrepresentation; (2) you can counterclaim or directly sue for the unpaid invoices. We assess Canadian jurisdiction under Van Breda, the underlying contract's choice-of-law and forum clauses, and whether arbitration was agreed. Costs in Ontario follow the 'loser pays' rule (Rule 57), so weak claims have real downside.
How quickly do we need to act after a cross-border dispute arises?
Faster than most clients expect. Construction Act liens have a 60-day window. Judicial review applications have a 30-day filing window. Limitations Act 2002 caps most civil claims at 2 years from discovery. Mareva injunctions become harder to obtain once dissipation has already begun. We recommend contacting litigation counsel as soon as the dispute crystallizes, not weeks later.
Do you work with Chinese clients located outside the GTA (Vancouver, Calgary, China itself)?
Yes. Most pre-trial steps in Ontario litigation are now conducted by video conference and motion. We act for clients in Mainland China, Hong Kong, Vancouver and Alberta on Ontario matters. For Court of Appeal arguments we attend in person in Toronto; for everything else, distance is not a barrier.
Related Practice Areas
Commercial Litigation
Core commercial disputes, breach of contract, fraud, shareholder remedies, secured creditor enforcement.
International Arbitration
CIETAC, ICC, HKIAC, SIAC award enforcement and counsel work under the New York Convention.
Shareholder Disputes
Oppression remedy, derivative actions, court-ordered buyouts, board fights.
Construction Litigation
Construction Act liens, trust claims, payment disputes, defect litigation.
Judicial Review
Federal Court (ICA, CBSA, CRA) and Ontario Divisional Court (Form 68A) review of administrative decisions.
Discuss Your Cross-Border Matter
Initial consultations are in English or Mandarin. We will review the commercial documents, assess the litigation risk, and give you an honest recommendation — including when we think litigation is not the right answer.