Canada (Ship-Source Oil Pollution Fund) v. Hollis
- Citation
- 2017 FC 197
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 16 February 2017
- Posture
- Garnishment (enforcement of Judgment) / Ex Parte Motion for Interim Garnishment / Attachment of Funds
- Language
- English
More details
- Court
- Federal Court
- Decision
- 16 February 2017
- Posture
- Garnishment (enforcement of Judgment) / Ex Parte Motion for Interim Garnishment / Attachment of Funds
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted the ex parte application: it attached any amounts due or accruing by the garnishee to the judgment debtor to answer the existing judgment, ordered the garnishee to appear and file an affidavit of amounts due or accruing by a specified date, prohibited the garnishee from divesting those amounts pending allocation, warned that failure to swear could result in liability for the debt, and fixed a date for a final garnishment hearing.
Court disposition
Ex parte application granted; interim garnishment order issued against Royal Bank of Canada directing appearance and affidavit and prohibiting divestment; final garnishment hearing scheduled.
Orders
- Any amount due or accruing by the Garnishee, Royal Bank of Canada, to the Defendant Vaughn Hollis is attached to answer the order and judgment of January 29, 2014.
- The Garnishee shall appear before the Court with an affidavit served on counsel for the Plaintiff on or before February 23, 2017 at 2700-700 West Georgia Street, Vancouver, British Columbia, to state under oath the amounts due or accruing to the Defendant.
- The Garnishee shall not divest the said amounts before the Court has decided to whom they shall be allocated.
- If the Garnishee fails to swear oath, it may be sentenced to pay the debt in principal, interest and costs, including the costs of this motion.
- A hearing for the issuance of a Final Garnishment Order is set for March 2, 2017 at 9:30 a.m. at the Federal Court at 701 West Georgia Street, Vancouver, British Columbia.
02
Material facts
Parties
The Administrator of the Ship-Source Oil Pollution Fund
Plaintiff/judgment CreditorVaughn Hollis
Defendant/judgment DebtorAmounts and remedies
- Original Judgment Principal: CAD 103,428.74
- Interest Awarded to Date: CAD 4,199.36
- Judgment Amount as Stated in Order: CAD 117,080.1
- Amount Stated Outstanding On2017 02 15: CAD 117,808.1
- Post Judgment Per Diem Interest: CAD 8.5
03
Procedural history
Posture
Garnishment (enforcement of Judgment) / Ex Parte Motion for Interim Garnishment / Attachment of Funds
04
Questions and positions
Legal issues
- 01
Whether amounts due or accruing by the garnishee should be attached to satisfy the existing judgment
- 02
Whether the garnishee must appear and file an affidavit stating amounts due or accruing to the judgment debtor
- 03
Whether the garnishee may divest funds pending determination of allocation
- 04
Consequences for garnishee's failure to swear an oath
Party arguments
- Applicant
- The plaintiff sought an ex parte garnishment order under Rule 369(1) Federal Courts Rules to attach any amounts the garnishee (Royal Bank of Canada) owes or will owe the judgment debtor to satisfy an existing judgment and costs, relying on the prior judgment of Madam Prothonotary Milczynski and affidavit evidence that the judgment remains unpaid.
- Respondent
- No opposing argument or affidavit from the garnishee or defendant was filed in response to the ex parte motion; no substantive opposition recorded.
05
Court’s reasoning
Legal principles
- 01
Federal Courts Rules, Rule 369(1) and practice under Federal Court enforcement provisions
The court may order garnishment/attachment of amounts due to a judgment debtor to satisfy a judgment and require the garnishee to swear an affidavit of amounts due or accruing.
- 02
Inherent power of the court and orders made in the enforcement of judgments; expressed in the present order
Court may prohibit garnishee from divesting funds pending determination and may hold garnishee liable if it fails to comply with oath requirements.
- 03
Order of Madam Prothonotary Milczynski (January 29, 2014) as relied on in the motion record
Post-judgment interest accrues at a specified per diem rate until judgment is satisfied.
06
Ratio, limits and disposition
Ratio decidendi
The court granted the ex parte application: it attached any amounts due or accruing by the garnishee to the judgment debtor to answer the existing judgment, ordered the garnishee to appear and file an affidavit of amounts due or accruing by a specified date, prohibited the garnishee from divesting those amounts pending allocation, warned that failure to swear could result in liability for the debt, and fixed a date for a final garnishment hearing.
Court disposition
Ex parte application granted; interim garnishment order issued against Royal Bank of Canada directing appearance and affidavit and prohibiting divestment; final garnishment hearing scheduled.
- Any amount due or accruing by the Garnishee, Royal Bank of Canada, to the Defendant Vaughn Hollis is attached to answer the order and judgment of January 29, 2014.
- The Garnishee shall appear before the Court with an affidavit served on counsel for the Plaintiff on or before February 23, 2017 at 2700-700 West Georgia Street, Vancouver, British Columbia, to state under oath the amounts due or accruing to the Defendant.
- The Garnishee shall not divest the said amounts before the Court has decided to whom they shall be allocated.
- If the Garnishee fails to swear oath, it may be sentenced to pay the debt in principal, interest and costs, including the costs of this motion.
- A hearing for the issuance of a Final Garnishment Order is set for March 2, 2017 at 9:30 a.m. at the Federal Court at 701 West Georgia Street, Vancouver, British Columbia.
Source and reliance status
Federal Court · 16 February 2017
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Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 16 February 2017
Canada (Ship-Source Oil Pollution Fund) v. Hollis Court (s) Database Federal Court Decisions Date 2017-02-16 Neutral citation 2017 FC 197 File numbers T-1193-13 Decision Content Date: 20170216 Docket: T-1193-13 Citation: 2017 FC 197 Vancouver, British Columbia, February 16, 2017 PRESENT: The Honourable Mr. Justice Shore BETWEEN:
THE ADMINISTRATOR OF THE SHIP-SOURCE OIL POLLUTION FUND Plaintiff/ Judgment Creditor and
VAUGHN HOLLIS Defendant/ Judgment Debtor
ORDER UPON EX PARTE MOTION in writing dated February 15, 2017, on behalf of the Plaintiff/Judgment Creditor pursuant to Rule 369(1) of the Federal Courts Rules for an order that: any amounts due or accruing by the Garnishee to the Judgment Debtor shall be attached to answer the Judgment of Madam Prothonotary Milczynski pronounced on January 29, 2014; the Garnishee appear before this Court with an affidavit previously served on counsel for the Judgment Creditor on or before February 23, 2017 at the following address: 2700-700 West Georgia Street, Vancouver, British Columbia, so as to state under oath the amounts due or accruing by it to the Judgment Debtor; the Garnishee not divest the said amounts before the Court has decided to whom they shall be allocated; where the Garnishee fails to swear oath, it could be sentenced to pay the debt in principal, interest and costs, including the costs of this motion; and the hearing for the issuance of a Final Garnishment Order be set for March 2, 2017 at 9:30 a.m. at the Federal Court in Vancouver at 701 West Georgia Street, Vancouver, British Columbia; AND UPON reading the motion record filed on behalf of the Plaintiff/Judgment Creditor; AND UPON reading the affidavit of Steven Carey and viewing the supporting documents, including the Order of Madam Prothonotary Milczynski issued on January 29, 2014 ordering judgment of the amount of
$103,428.74 plus $4,199.36 in interest with post-judgment interest accruing at a per diem rate of $8.50; WHEREAS pursuant to the terms of these orders and judgments, the Defendant/Judgment Debtor is indebted to the Plaintiff/Judgment Creditor for the amount of $117,080.10; WHEREAS on February 15, 2017, the amount of $117,808.10 remained due and unpaid; THIS COURT ORDERS that: Any amount due or accruing by the Garnishee, Royal Bank of Canada, located at 500 West 2nd Avenue, Prince Rupert, British Columbia, V8J 3T6 (the Garnishee) to the Defendant/Judgment Debtor, Vaughn Hollis (the Defendant), shall be attached to answer the above-mentioned order and judgment. The Garnishee shall appear before this Court with an affidavit previously served on counsel for the Plaintiff/Judgment Creditor (the Plaintiff) on or before February 23, 2017, at the following address: 2700-700 West Georgia Street, Vancouver, British Columbia, so as to state under oath the amounts due or accruing by it to the Defendant. The Garnishee shall not divest the said amounts before the Court has decided to whom they shall be allocated. Where the Garnishee fails to swear oath, it could be sentenced to pay the debt in principal, interest and costs, including the costs of this motion. The hearing for the issuance of a Final Garnishment Order shall be set for March 2, 2017 at 9:30 a.m. at the Federal Court at 701 West Georgia Street, Vancouver, British Columbia. “Michel M.J. Shore” Judge
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