Mann v. Jagpal

Mann v. Jagpal

Master Keighley was not clearly wrong: applicant failed to comply with mandatory prior written demand procedure for party production; requests (including those to non‑parties) were unacceptably broad and nonspecific (a fishing expedition) such that third parties could not practicably comply; the proffered affidavits...

Source-derived case information.

Citation
2020 BCSC 1919
Parties
Claimant / Plaintiff: Manreet Kaur Jagpal aka Manreet Kaur Mann; Respondent / Defendant: Dharminder Singh Jagpal; Respondent (family Action) / Non‑party (civil Action): Amrik Singh Jagpal; Respondent (family Action) / Non‑party (civil Action): Ranjit Kaur Jagpal; Defendant (civil Action): Rajwinder Singh Janda; Defendant (civil Action): Sukhvir Kaur Janda; Defendant (civil Action): Kuldeep Kaur Janda; Non‑party Financial Institution: TD Bank of Canada; Non‑party Financial Institutions: Vancouver City Savings Credit Union and Coast Capital Savings Federal Credit Union
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 December 2020
Procedural Posture
Family and Civil Actions Concerning Property, Tracing and Beneficial Ownership; Interlocutory Appeals of Production Orders / Appeal From Master's Interlocutory Orders and Related Production Applications; Applications for Leave to Adduce Fresh/new Evidence
Outcome
Appeals and all production and fresh/new evidence applications dismissed
Legal Topics
Document Production, Non‑party Production, Fresh and New Evidence, Standard of Review (master's Interlocutory), Abuse of Process, Tracing Assets and Beneficial Ownership
Source Language
english
Civil Procedure Family Law Discovery Law Property/trusts Law Document Production Non‑party Production Fresh and New Evidence Standard of Review (master's Interlocutory) +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Manreet Kaur Jagpal aka Manreet Kaur Mann

Claimant / Plaintiff

Dharminder Singh Jagpal

Respondent / Defendant

Amrik Singh Jagpal

Respondent (family Action) / Non‑party (civil Action)

Ranjit Kaur Jagpal

Respondent (family Action) / Non‑party (civil Action)

Rajwinder Singh Janda

Defendant (civil Action)

Sukhvir Kaur Janda

Defendant (civil Action)

Kuldeep Kaur Janda

Defendant (civil Action)

TD Bank of Canada

Non‑party Financial Institution

Vancouver City Savings Credit Union and Coast Capital Savings Federal Credit Union

Non‑party Financial Institutions

Procedural Posture

Family and Civil Actions Concerning Property, Tracing and Beneficial Ownership; Interlocutory Appeals of Production Orders / Appeal From Master's Interlocutory Orders and Related Production Applications; Applications for Leave to Adduce Fresh/new Evidence

Legal Issues

  1. 1 Whether prior written demand required by Rules 7‑1(10)/(11) and 9‑1(7)/(8) was made before bringing production applications
  2. 2 Whether document requests were overly broad and lacked the required specificity (fishing expedition)
  3. 3 Admissibility of fresh or new evidence on appeal

Ratio Decidendi

Master Keighley was not clearly wrong: applicant failed to comply with mandatory prior written demand procedure for party production; requests (including those to non‑parties) were unacceptably broad and nonspecific (a fishing expedition) such that third parties could not practicably comply; the proffered affidavits did not meet tests for fresh or new evidence; and refiling virtually identical applications was an abuse of process. Appeals and all related applications are dismissed.

Court Disposition

Appeals and all production and fresh/new evidence applications dismissed

Orders

  • The appeals are dismissed
  • The applications to introduce new evidence on the appeals are dismissed