Canada (Ship-Source Oil Pollution Fund) v. Hollis

Canada (Ship-Source Oil Pollution Fund) v. Hollis

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.

Citation
2017 FC 197
Parties
Plaintiff/judgment Creditor: The Administrator of the Ship-Source Oil Pollution Fund; Defendant/judgment Debtor: Vaughn Hollis
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 February 2017
Procedural Posture
Garnishment (enforcement of Judgment) / Ex Parte Motion for Interim Garnishment / Attachment of Funds
Outcome
Ex parte application granted; interim garnishment order issued against Royal Bank of Canada directing appearance and affidavit and prohibiting divestment; final garnishment hearing scheduled.
Legal Topics
Garnishment, Attachment, Post Judgment Interest, Enforcement Proceedings, Court Orders
Source Language
English
Maritime Law Civil Procedure Judgment Enforcement Garnishment Admiralty Attachment Post Judgment Interest Enforcement Proceedings +1 more

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Parties

The Administrator of the Ship-Source Oil Pollution Fund

Plaintiff/judgment Creditor

Vaughn Hollis

Defendant/judgment Debtor

Procedural Posture

Garnishment (enforcement of Judgment) / Ex Parte Motion for Interim Garnishment / Attachment of Funds

Legal Issues

  1. 1 Whether amounts due or accruing by the garnishee should be attached to satisfy the existing judgment
  2. 2 Whether the garnishee must appear and file an affidavit stating amounts due or accruing to the judgment debtor
  3. 3 Whether the garnishee may divest funds pending determination of allocation

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.

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.