Jazette Enterprises Ltd. v. Amit

Jazette Enterprises Ltd. v. Amit

The Master was not clearly wrong in allowing the amendment: Fleming J.'s interlocutory R.9-5 decision did not make final binding findings on the merits or bar a subsequent R.6-1 pleadings application; different and lower burdens apply to pleadings amendments and the proposed abuse of process defence was not shown to...

Source-derived case information.

Citation
2023 BCSC 180
Parties
Appellant/plaintiff: Jazette Enterprises Ltd.; Appellant/plaintiff: Go Forward Solutions Limited; Respondent/defendant: Alon Amit; Respondent/defendant: Beadle Raven, LLP; Respondent/defendant: R. James Beadle; Respondent/defendant: Chen, Sheng Chang Tek Fu; Respondent/defendant: Sandeep Prabhakar Khursude; Respondent/defendant: Mega General Trading (FZE); Respondent/defendant: Asan Global (FZE); Respondent/defendant: Globe General Trading (FZE); Respondent/defendant: 1106449 B.C. Ltd.; Respondent/defendant: Gordon Reyes Buted Viado & Blanco; Respondent/defendant: Pacifica Software Group, Inc.; Respondent/defendant: Global Compliance Associates Inc.; Respondent/defendant: Felixes G. Banting; Respondent/defendant: Pacifica Ventures Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 February 2023
Procedural Posture
Appeal of Interlocutory Master’s Decision on Pleadings / Appeal to Supreme Court of British Columbia From Master’s Order Permitting Amendment to Plead Abuse of Process
Outcome
Appeal dismissed; Master's order permitting amendment to plead abuse of process affirmed
Legal Topics
Abuse of Process, Strike Pleadings R.9 5(1)(d), Amend Pleadings R.6 1, Issue Estoppel, Res Judicata, Standard of Review
Source Language
english
Civil Procedure Civil Litigation Conflict of Laws Abuse of Process Strike Pleadings R.9 5(1)(d) Amend Pleadings R.6 1 Issue Estoppel Res Judicata +1 more

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Parties

Jazette Enterprises Ltd.

Appellant/plaintiff

Go Forward Solutions Limited

Appellant/plaintiff

Alon Amit

Respondent/defendant

Beadle Raven, LLP

Respondent/defendant

R. James Beadle

Respondent/defendant

Chen, Sheng Chang Tek Fu

Respondent/defendant

Sandeep Prabhakar Khursude

Respondent/defendant

Mega General Trading (FZE)

Respondent/defendant

Asan Global (FZE)

Respondent/defendant

Globe General Trading (FZE)

Respondent/defendant

1106449 B.C. Ltd.

Respondent/defendant

Gordon Reyes Buted Viado & Blanco

Respondent/defendant

Pacifica Software Group, Inc.

Respondent/defendant

Global Compliance Associates Inc.

Respondent/defendant

Felixes G. Banting

Respondent/defendant

Pacifica Ventures Inc.

Respondent/defendant

Procedural Posture

Appeal of Interlocutory Master’s Decision on Pleadings / Appeal to Supreme Court of British Columbia From Master’s Order Permitting Amendment to Plead Abuse of Process

Legal Issues

  1. 1 Whether the Master erred in allowing amendment to plead an abuse of process defence under R.6-1
  2. 2 Whether Fleming J.'s interlocutory decision on a R.9-5 strike application made binding findings of fact or gave rise to issue estoppel/res judicata
  3. 3 Whether the abuse of process defence was bound to fail on the pleadings

Ratio Decidendi

The Master was not clearly wrong in allowing the amendment: Fleming J.'s interlocutory R.9-5 decision did not make final binding findings on the merits or bar a subsequent R.6-1 pleadings application; different and lower burdens apply to pleadings amendments and the proposed abuse of process defence was not shown to be bound to fail, so the amendment was properly permitted.

Court Disposition

Appeal dismissed; Master's order permitting amendment to plead abuse of process affirmed

Orders

  • Appeal dismissed
  • Master's order allowing amendment to plead abuse of process affirmed