Pullman v. Pullman

Pullman v. Pullman

The court held that the shares were not 'recovered or preserved' by the solicitor's work at trial, therefore no solicitor's lien arose against the proceeds; consequently the former solicitor is an ordinary creditor and the petitioner's claim under the Family Maintenance Enforcement Act has priority. Even if a lien existed, the court would decline to grant it priority as not just and proper in the circumstances.

Citation
2002 BCSC 141
Parties
Petitioner: Judy Michiko Pullman; Respondent: Gregory Arthur Pullman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 January 2002
Procedural Posture
Family Law Matrimonial Action / Post Trial in Chambers Application to Determine Solicitor's Lien and Priority
Outcome
Solicitor's lien denied; funds to be paid to Petitioner (Mrs. Pullman); costs awarded to Petitioner for this application.
Legal Topics
Solicitor's Lien, Priority of Claims, Family Assets, Child and Spousal Maintenance, Family Maintenance Enforcement Program
Source Language
English
Family Law Legal Ethics Civil Procedure Enforcement of Judgments Solicitor's Lien Priority of Claims Family Assets Child and Spousal Maintenance +1 more

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Parties

Judy Michiko Pullman

Petitioner

Gregory Arthur Pullman

Respondent

Procedural Posture

Family Law Matrimonial Action / Post Trial in Chambers Application to Determine Solicitor's Lien and Priority

Legal Issues

  1. 1 Whether the former solicitor has a solicitor's lien over proceeds of sale of shares
  2. 2 Whether any solicitor's lien, if existing, has priority over the judgment obtained by the Petitioner
  3. 3 Whether the shares were 'recovered or preserved' by legal proceedings so as to attract a lien

Ratio Decidendi

The court held that the shares were not 'recovered or preserved' by the solicitor's work at trial, therefore no solicitor's lien arose against the proceeds; consequently the former solicitor is an ordinary creditor and the petitioner's claim under the Family Maintenance Enforcement Act has priority. Even if a lien existed, the court would decline to grant it priority as not just and proper in the circumstances.

Court Disposition

Solicitor's lien denied; funds to be paid to Petitioner (Mrs. Pullman); costs awarded to Petitioner for this application.

Orders

  • Funds held from sale of Rock Creek Highlands shares to be paid to Petitioner\'s solicitor net of all fees and disbursements incurred by the Bailiff and by Mr. Linde in the recovery process.
  • Judgment with costs of this application to the Petitioner.