Dobson v. Al-Kassab

Dobson v. Al-Kassab

Given the debtor's demonstrated lack of meaningful employment and present inability to pay principal, but with a measurable monthly accrual of post-judgment interest, the registrar ordered a minimal monthly payment equal to approximate interest ($325) beginning Sept 15, 2013, allowed four months before further...

Source-derived case information.

Citation
2013 BCSC 1933
Parties
Plaintiff (judgment Creditor): Ngaire Dobson; Defendant (judgment Debtor): Jassam Al-Kassab
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2013
Procedural Posture
Subpoena to Debtor / Post Judgment Enforcement / Subpoena to Debtor Hearing (examination of Judgment Debtor)
Outcome
Registrar ordered minimal monthly payments and preserved plaintiff's right to return to court after four months; procedural direction given on entry of the formal order.
Legal Topics
Consent Judgment, Subpoena to Debtor, Payment Order, Post Judgment Interest, Bankruptcy Discharge of Consent Judgment
Source Language
english
Civil Procedure Debt Enforcement Bankruptcy/insolvency Consent Judgment Subpoena to Debtor Payment Order Post Judgment Interest Bankruptcy Discharge of Consent Judgment

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Parties

Ngaire Dobson

Plaintiff (judgment Creditor)

Jassam Al-Kassab

Defendant (judgment Debtor)

Procedural Posture

Subpoena to Debtor / Post Judgment Enforcement / Subpoena to Debtor Hearing (examination of Judgment Debtor)

Legal Issues

  1. 1 Whether the judgment debtor has means to satisfy the consent judgment
  2. 2 What minimal payment order, if any, should be made given debtor's lack of employment
  3. 3 Whether a subsequent bankruptcy would discharge the consent judgment

Ratio Decidendi

Given the debtor's demonstrated lack of meaningful employment and present inability to pay principal, but with a measurable monthly accrual of post-judgment interest, the registrar ordered a minimal monthly payment equal to approximate interest ($325) beginning Sept 15, 2013, allowed four months before further enforcement can be sought, and warned that a subsequent bankruptcy may not discharge the consent judgment as per recent authority (Pham).

Court Disposition

Registrar ordered minimal monthly payments and preserved plaintiff's right to return to court after four months; procedural direction given on entry of the formal order.

Orders

  • Defendant to pay $325 monthly commencing September 15, 2013 and on the 15th of each month thereafter until further order or full satisfaction of the judgment.
  • Payments to be made to the plaintiff's counsel/firm as requested.