Extra Gift Exchange Inc. v. Accurate Effective Bailiffs Ltd.

Extra Gift Exchange Inc. v. Accurate Effective Bailiffs Ltd.

The court declined to dismiss for want of prosecution because the plaintiffs had a reasonable basis to defer prosecution while the related Fines Action and its appeal were unresolved and prior court directions supported that expectation; however the court found changed circumstances and evidence of Mr. Lam's failure to pay prior assessed costs amounted to special and egregious circumstances justifying an order for security for costs and stayed the action until $8,000 is posted.

Citation
2015 BCSC 915
Parties
Plaintiff/respondent: Extra Gift Exchange Inc.; Plaintiff/respondent: Leon Lam; Plaintiff/respondent: Richmond Liquidation Sales; Defendant: Accurate Effective Bailiffs Ltd.; Defendant/applicant: AA Property Management Ltd.; Defendant/applicant: Aaron Hung Kit Leung; Third Party/applicant: The Owners, Strata Plan LMS 3259
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 June 2015
Procedural Posture
Civil Tort (wrongful Distraint) and Related Property Disputes / Application for Dismissal for Want of Prosecution and Alternative Application for Security for Costs
Outcome
Application to dismiss for want of prosecution dismissed; application for security for costs granted.
Legal Topics
Want of Prosecution, Security for Costs, Wrongful Distraint, Delay, Abuse of Process
Source Language
English
Civil Procedure Tort Property Law Costs Want of Prosecution Security for Costs Wrongful Distraint Delay +1 more

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Parties

Extra Gift Exchange Inc.

Plaintiff/respondent

Leon Lam

Plaintiff/respondent

Richmond Liquidation Sales

Plaintiff/respondent

Accurate Effective Bailiffs Ltd.

Defendant

AA Property Management Ltd.

Defendant/applicant

Aaron Hung Kit Leung

Defendant/applicant

The Owners, Strata Plan LMS 3259

Third Party/applicant

Procedural Posture

Civil Tort (wrongful Distraint) and Related Property Disputes / Application for Dismissal for Want of Prosecution and Alternative Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiffs' delay in prosecuting the Bailiff Action was inordinate and inexcusable and, if so, whether dismissal for want of prosecution is required in the interests of justice
  2. 2 Whether security for costs should be ordered against the corporate and individual plaintiffs given changed circumstances since the 2008 decision

Ratio Decidendi

The court declined to dismiss for want of prosecution because the plaintiffs had a reasonable basis to defer prosecution while the related Fines Action and its appeal were unresolved and prior court directions supported that expectation; however the court found changed circumstances and evidence of Mr. Lam's failure to pay prior assessed costs amounted to special and egregious circumstances justifying an order for security for costs and stayed the action until $8,000 is posted.

Court Disposition

Application to dismiss for want of prosecution dismissed; application for security for costs granted.

Orders

  • Security for costs fixed at $8,000 CAD to be paid into the Registry within 30 days
  • Plaintiffs' action (Vancouver Registry No. S050408) stayed until security for costs is deposited and proof provided to defendants' solicitors