Director of Civil Forfeiture v. E.J.B.
- Citation
- 2015 BCSC 468
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 26 March 2015
- Posture
- Civil Forfeiture Action in Rem / Application for Default Judgment; Issue of Service Reserved
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 26 March 2015
- Posture
- Civil Forfeiture Action in Rem / Application for Default Judgment; Issue of Service Reserved
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The master concluded that the evidence established proper service on the defendants and, because there were no appearances, granted default judgment and all relief sought under Part 1 of the notice of application.
Court disposition
Default judgment granted against all defendants; relief under Part 1 of the notice of application granted.
Orders
- Default judgment entered against all defendants.
- All relief sought under Part 1 of the notice of application is granted.
02
Material facts
Parties
Director of Civil Forfeiture
Plaintiff Counsel: F. de LimaThe Owners and all Others Interested in the Money
DefendantE.J.B.
DefendantC.K.F.B.
DefendantN.S.
DefendantAmounts and remedies
- Seized Money: CAD 6,510
03
Procedural history
Posture
Civil Forfeiture Action in Rem / Application for Default Judgment; Issue of Service Reserved
04
Questions and positions
Legal issues
- 01
Whether the defendants were properly served with the notice of application
- 02
Whether default judgment should be entered against the defendants
- 03
Whether the relief sought under Part 1 of the notice of application should be granted
Party arguments
- Applicant
- The plaintiff applied for default judgment and submitted evidence that the defendants had been properly served and had not appeared; the plaintiff sought all relief set out in Part 1 of the notice of application.
- Respondent
- There were no appearances by the defendants and no opposing argument or evidence filed.
05
Court’s reasoning
Legal principles
- 01
Supreme Court Civil Rules and established civil procedure principles
Proper service of process is a prerequisite to the entry of default judgment.
- 02
Court practice and inherent jurisdiction to determine applications for default
Where service is properly effected and a respondent fails to appear, the court may grant the relief claimed in the application.
06
Ratio, limits and disposition
Ratio decidendi
The master concluded that the evidence established proper service on the defendants and, because there were no appearances, granted default judgment and all relief sought under Part 1 of the notice of application.
Court disposition
Default judgment granted against all defendants; relief under Part 1 of the notice of application granted.
- Default judgment entered against all defendants.
- All relief sought under Part 1 of the notice of application is granted.
Source and reliance status
Supreme Court of British Columbia · 26 March 2015
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 26 March 2015
2015 BCSC 468 Director of Civil Forfeiture v. E.J.B.
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Director of Civil Forfeiture v. E.J.B., 2015 BCSC 468 Date: 20150326 Docket: S131211 Registry: Victoria Civil Forfeiture Action in Rem Against $6,510 in Canadian Currency seized by the North District Traffic RCMP on February 18, 2012 from a 1999 Pontiac Grand Am bearing BCLP 992PVG (the "Money") and Its Proceeds Between: Director of Civil Forfeiture Plaintiff And: The Owners and all Others Interested in the Money, in Particular E.J.B., C.K.F.B., and N.S. Defendants Before: Master Bouck Reasons for Judgment Counsel for the Plaintiff: F. de Lima No appearances by the defendants: Place and Date of Hearing: Victoria B.C., B.C. March 5, 2015 Place and Date of Judgment: Victoria, B.C. March 26, 2015 [1] The plaintiff's application for default judgment against all defendants came before me on March 5, 2015. Judgment was reserved to consider whether the defendants had been properly served. [2] Having now reviewed the evidence presented, I am satisfied that proper service has occurred. All of the relief sought under Part 1 of the notice of application is granted. "C.P. Bouck" Master C.P. Bouck
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