B.A.J. v. V.L.

B.A.J. v. V.L.

Court exercised its discretionary power under the Court Order Interest Act to have interest accrue from May 1, 2009 (date of dismissal of leave to appeal to the Supreme Court of Canada) because the defendant's appeals and conduct caused significant delay; the court denied a set-off for the separate defamation...

Source-derived case information.

Citation
2012 BCSC 560
Parties
Plaintiff: B.A.J.; Defendant: V.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 April 2012
Procedural Posture
Family Law / Post Judgment Enforcement and Application to Effect Payment Through Remortgaging
Outcome
Application granted in part: interest fixed to run from May 1, 2009; specified deductions ordered; payment mechanism by remortgage and payment into court ordered; trust of $3,408 withheld for child support; payment into court to be effected within 21 days.
Legal Topics
Post Judgment Interest, Set Off, Stay of Execution, Remortgaging to Satisfy Judgment, Child Support Security, Certificate of Pending Litigation, Costs
Source Language
english
Family Law Enforcement Civil Procedure Property Law Judgment Interest Post Judgment Interest Set Off Stay of Execution +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

B.A.J.

Plaintiff

V.L.

Defendant

Procedural Posture

Family Law / Post Judgment Enforcement and Application to Effect Payment Through Remortgaging

Legal Issues

  1. 1 Whether defendant is entitled to post-judgment interest and the date from which it should run
  2. 2 Whether monies due can be set off against damages in a separate defamation action
  3. 3 Whether funds should be withheld in trust to secure defendant's child support obligations

Ratio Decidendi

Court exercised its discretionary power under the Court Order Interest Act to have interest accrue from May 1, 2009 (date of dismissal of leave to appeal to the Supreme Court of Canada) because the defendant's appeals and conduct caused significant delay; the court denied a set-off for the separate defamation action, ordered specified deductions (costs and arrears) from the Total Award, directed $3,408 to be held in trust for child support, and authorized priority relief to permit the plaintiff to remortgage and pay the Net Award into court with payment out subject to deductions and fees within 21 days.

Court Disposition

Application granted in part: interest fixed to run from May 1, 2009; specified deductions ordered; payment mechanism by remortgage and payment into court ordered; trust of $3,408 withheld for child support; payment into court to be effected within 21 days.

Orders

  • Deductions to be applied against the Total Award after accrued interest: costs of $5,375; costs of $49,527; child support arrears $5,964; special expenses arrears $152.45
  • Defendant shall discharge or grant priorities over specified charges on the Subject Property concurrent with plaintiff's refinancing, contingent on plaintiff delivering an Irrevocable Direction to Pay the Net Award into Court, with liberty to re-apply the charges afterwards