560977 B.C. Ltd. v. 415749 B.C. Ltd.

560977 B.C. Ltd. v. 415749 B.C. Ltd.

The applicant failed to establish by evidence that 631427 B.C. Ltd. has the legal capacity or status to bring the applications because there was no evidence regarding Mid Atlantic's existence or incorporation, its registration obligations, the background of the assignments, or the alleged trust arrangement; accordingly 631427's standing was not established and further affidavit evidence was required (leave granted to file such evidence).

Citation
2002 BCSC 880
Parties
Petitioner: 560977 B.C. LTD.; Respondent: 415749 B.C. LTD.; Respondent: THE CROWN IN RIGHT OF BRITISH COLUMBIA; Respondent: CARLOS MANUEL GROSSO; Respondent: MIMMO ZAURRINI; Respondent: JERNAIL SINGH GREWAL; Respondent: JASMER SINGH BRAICH
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2002
Procedural Posture
Enforcement of Judgment and Contempt Proceedings / Chambers Application Concerning Standing and Addition/substitution of Petitioner
Outcome
Application to add/ substitute 631427 B.C. Ltd. as petitioner deferred for lack of evidence; leave granted to file further affidavit evidence
Legal Topics
Assignment of Judgment, Extraprovincial Company Registration, Standing to Enforce a Judgment, Rule 19(10) of the Rules of Court, S.312 Company Act Capacity to Sue
Source Language
English
Company Law Civil Procedure Enforcement of Judgments Contempt Trusts and Equitable Proprietary Interests Assignment of Judgment Extraprovincial Company Registration Standing to Enforce a Judgment +2 more

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Parties

560977 B.C. LTD.

Petitioner

415749 B.C. LTD.

Respondent

THE CROWN IN RIGHT OF BRITISH COLUMBIA

Respondent

CARLOS MANUEL GROSSO

Respondent

MIMMO ZAURRINI

Respondent

JERNAIL SINGH GREWAL

Respondent

JASMER SINGH BRAICH

Respondent

Procedural Posture

Enforcement of Judgment and Contempt Proceedings / Chambers Application Concerning Standing and Addition/substitution of Petitioner

Legal Issues

  1. 1 Whether 631427 B.C. Ltd. has capacity/standing to bring the application
  2. 2 Whether the assignments and alleged trust arrangements were established by evidence
  3. 3 Whether s.312 of the Company Act bars enforcement by an unregistered extraprovincial company

Ratio Decidendi

The applicant failed to establish by evidence that 631427 B.C. Ltd. has the legal capacity or status to bring the applications because there was no evidence regarding Mid Atlantic's existence or incorporation, its registration obligations, the background of the assignments, or the alleged trust arrangement; accordingly 631427's standing was not established and further affidavit evidence was required (leave granted to file such evidence).

Court Disposition

Application to add/ substitute 631427 B.C. Ltd. as petitioner deferred for lack of evidence; leave granted to file further affidavit evidence

Orders

  • Leave granted to Mr. Goodwin to file further affidavit evidence addressing deficiencies regarding Mid Atlantic and 631427 B.C. Ltd.
  • Further written submissions permitted if counsel consider them necessary