THE "CHINESE WARREN BUFFETT" NOTICE OF APPEAL

Court File No.             

COURT OF APPEAL FOR ONTARIO  

BETWEEN:

OVERSEA CHINESE FUND LIMITED PARTNERSHIP, WEIZHEN TANG & ASSOCIATES INC.,    WEIZHEN TANG AND HONG XIAO

 APPELLANTS

-AND-

TOM TONG, RECEIVER FOR WINWIN CAPITAL MANAGEMENT, LLC, WINWIN CAPITAL LIMITED PARTNERSHIP, J.O.R. & ASSOCIATES, LLC, WINWIN CAPITAL PARTNERS, LP, AND BLUEJAY INVESTMENT, LLC, D/B/A/ VINTAGE INTERNATIONAL INVESTMENT, LLC

Respondents

-AND-

SI YI QIU AND GUOSHENG WANG

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 NOTICE OF APPEAL

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The  appellants APPEALS to the Court of Appeal from the judgment and  order of  Regional Senior Justice G.B. Morawetz dated  on August 30, 2017  which was made at  the Superior Court of Justice, Commercial list, Toronto pursuant to the Rules of the CIVIL PROCEDURE  on a  day  to be fixed by registrar ,  2017 to be heard at 130 Queen Street West , Court of Appeal for Ontario, Osgoode Hall,  Toronto, Ontario M5H 2N5

THE GROUNDS OF APPEAL are as follows:

Judicial Review and Investigation to the Regional Senior Justice G.B. Morawetz for the alleged violation of  constitution and Canadian Charter of Rights and Freedoms section 7, a Conflict of Interest to take money from the public to law firm, those High crimes and high misdemeanors are actions performed in an official capacity by a judicial official like Justice Morawetz  who  violate the basic principles of the Justice  and that therefore subject  to impeachment.

The Regional Senior Justice G.B. Morawetz appointed the law firm, Gowling WLG (Canada ) LLP and the law firm fulfil his mandate and the Regional Senior Justice G.B. Morawetz ought to pay the law firm, not us or investors. Mr. Hugh Craig, a senior counsel of Ontario Securities commission argued with Justice Nordheimer at 361 University Ave on July 12, 2011 page 33 that “ the money frozen by OSC is not, is not the property of the attorney General. It’s not the property of the Province of Ontario. “ and  the  Justice Nordheimer Said : ” it’s not the property of Ontario Securities Commission either”.

The representative counsel Kelley   Gowling McKinnon and Alex Zavaglia knew and ought to have known that the Canadian Investors had no money in the account therefore they did not do any work for them.

The Regional Senior Justice G.B. Morawetz let and protect Gowling the law firm to commit a crime and steal and take money from investors and the public that they have drained my account over the years purporting to represent the investors whom they don't know and whose investments accounts they don't know. Even the investors don't know that Gowlings represents them. Gowlings does not have any retainer letters from any investors before May 14.2017. They cannot show in the dockets if they even have dockets, what if any work they have done. They cannot show any interview notes with any investor. Yet they have seized illegally to hundreds of thousands of my money. They ought to be taxed. They ought to be reported to the Law Society of Upper Canada, they ought to account to somebody. Most important they ought to return my money.

 They ought to know that any court appointed lawyer has to inform the client about the appointment and to work diligently for that client. The client has to agree to be represented by that law firm appointed by the judge. It is not automatic. At least the client must know who is representing them. The issue now is, Gowlings adjourned the case in order to find out which are their investor clients and what investments were involved. But what have they been doing all these years not knowing who their clients are and the amount of investments each deposited. The dockets may only deal with the suits filed, how about work done on their clients on their clients' instructions. Do they even have instructions. This is Frantz Kafka. Lawyers draining money without knowing who their clients are and without receiving any instructions from the purported clients. This is a miscarriage of justice.

1.     On October 8, 2009 the Regional Senior Justice G.B. Morawetz appointed Kelley McKinnon of Gowling Henderson LLP as representative counsel and the nightmares of our family and investors beginning. The purpose of this appointment is to take our investors’ money and assets and to enrich big law firms and destroy our defense and misleading the public

2.     Because of his appointment, I lost my money to Gowling and the money was borrowed from TD Bank against our house and home, I lost our house and home because unrepresented, I lost my criminal defense because of self-represented and lost my freedoms and Rights because of self-represented, I lost my livelihood and OSC does not allow to trade.

3.     The money frozen and passed has nothing to do with investors and investors’ representative counsels and the firm, but they used the name and excuses to steal and defraud the new investors.

4.      The subject account is an investment account and money is investment, nothing is illegal, the court frozen order is not for the purpose of enrichment and ill gain of his law firms, not to destroy people’s live and destroy people’ legal defense and constitutional rights.  

5.     The commercial court actions and behaviors cause great concerns and bring justice into disreputable.

6.     The core or essence of my conviction and all the default judgements and all the wrongful judgements against us were that I believe related to my being self represented and  unrepresented without much or any legal knowledge at all and all the courts have down played this reality and I am hoping the Court of Appeal for Ontario will take a fresh look at this critical area of national importance, how a self represented appellants without any legal knowledge as the Judges at the Preliminary Hearing and Trial clearly and repeatedly stated, a self represented in a complex area of law involving fraud in a financial investment field during the most extensive collapse of the financial service and trading industry since the great depression of the late 1920s and early thirties.

7.     Charter Section 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

8.      Charter Section 24 (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

9.     The criminal justice system is designed to protect the citizenry of Canada. It keeps us from injustice from ourselves, from our neighbors, and from total strangers. This is the ideal. Unfortunately, reality rarely ever lives up to such noble ideology.

10. There is a saying: “Power corrupts. Absolute power corrupts absolutely.” As long as there are mortal men with ulterior motives (which defines a large preponderance of mankind), there will be corruption and abuse. The criminal justice system has seen its fair share of abuses since its inception. These abuses in power clearly stands against the ideals of this great nation. However, we are men and thus tend to err and deviate. There is an obvious need to create a remedy for the system so that it may live up to its noble idea.

11. Any further grounds as counsel may submit and this Honourable Court may permit.

THE APPELLANT REQUEST THE FOLLOWING RELIEF:

1.     An Order to stay the wrongful Judgement of  so-called regional senior Justice G. B Morawetz and all other similar wrongful judgments from  Superior Court of Justice, the commercial list  and return all the money and fund wrongfully taken by Gowling WLG (Canada) LLP or passed to Gowling WLG (Canada) LLP to a trust account for the appellants and our  companies to have representations.

2.     Order  a jury trial.

3.     In alternative, an order to enter a settlement process

4.   All the funds frozen and passed to the law firm Gowling WLG (Canada) LLP return to investors including the appellants plus a punitive damages to the victims of the funds.

Any other order the honorable court allow

Further take notice that this appeal  will be supported by the affidavit of Weizhen Tang and the accompanying factum and the appeal book and exhibit book.  

Dated at Toronto, this 10th day of Sept , 2017.

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Weizhen Tang and Hong Xiao

17 Silk Court                                                              

      Richmond Hill, Ontario

L4B 4A4                                                

Tel: (416)886-8715