Robinson v. Realm Energy International Corporation

Robinson v. Realm Energy International Corporation

The respondents demonstrated prejudice because the appellants hold assets only in foreign jurisdictions that will not permit enforcement of a B.C. judgment while an appeal is pending, effectively providing a de facto stay; balancing that prejudice against the merits of the appeal and the appellants' ability to continue the appeal, the court ordered security in the amount of the judgment and stayed the appeal until security was posted, while rejecting a guillotine dismissal order under s.10(2)(b).

Citation
2016 BCCA 298
Parties
Respondent (plaintiff): Patrick Robinson; Respondent (plaintiff): P. Leigh Sauder; Appellant (defendant): Realm Energy International Corporation; Appellant (defendant): 0921644 B.C. Ltd. (amalgamated to San Leon Canada Limited); Appellant (defendant): San Leon Energy PLC; Respondent (defendant): Jay Sujir
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
30 June 2016
Procedural Posture
Civil Appeal / Application for Security for Trial Judgment and Stay Pending Posting of Security
Outcome
Application granted in part: security ordered and appeal stayed until security posted; applicants may apply to dismiss the appeal as abandoned if security not posted by the deadline.
Legal Topics
Security for Judgment, Stay of Execution, Enforcement Against Foreign Assets, Share Appraisal, Costs
Source Language
English
Civil Procedure Enforcement Corporations Law Appeal Security for Judgment Stay of Execution Enforcement Against Foreign Assets Share Appraisal +1 more

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Parties

Patrick Robinson

Respondent (plaintiff)

P. Leigh Sauder

Respondent (plaintiff)

Realm Energy International Corporation

Appellant (defendant)

0921644 B.C. Ltd. (amalgamated to San Leon Canada Limited)

Appellant (defendant)

San Leon Energy PLC

Appellant (defendant)

Jay Sujir

Respondent (defendant)

Procedural Posture

Civil Appeal / Application for Security for Trial Judgment and Stay Pending Posting of Security

Legal Issues

  1. 1 Whether security for the trial judgment and costs should be ordered under s.10(2)(b)
  2. 2 Whether respondents will suffer prejudice because appellants have no exigible assets in British Columbia and assets are in jurisdictions that prevent execution pending appeal
  3. 3 Whether the appeal should be stayed until security is posted

Ratio Decidendi

The respondents demonstrated prejudice because the appellants hold assets only in foreign jurisdictions that will not permit enforcement of a B.C. judgment while an appeal is pending, effectively providing a de facto stay; balancing that prejudice against the merits of the appeal and the appellants' ability to continue the appeal, the court ordered security in the amount of the judgment and stayed the appeal until security was posted, while rejecting a guillotine dismissal order under s.10(2)(b).

Court Disposition

Application granted in part: security ordered and appeal stayed until security posted; applicants may apply to dismiss the appeal as abandoned if security not posted by the deadline.

Orders

  • Respondents to post security in the total amount of CAD 2,931,789.34
  • The appeal is stayed until security is posted