Bagash and Ansari v. Burns

Bagash and Ansari v. Burns

The court granted a partial pre-examination production order for the judgment debtor's personal worldwide assets, liabilities, financial accounts, loans, tax returns, insurance policies, passports, vehicle records and creditor documents for specified dates, but declined at this time to order production of solicitor practice records and billings because Maranda establishes a prima facie protection for such material; the application for practice documents was adjourned generally and may be renewed with notice to the Law Society so it can be heard on the privilege issues.

Citation
2005 BCSC 213
Parties
Petitioner: Ali Mohmed Ali Bagash; Petitioner: Abu Ansari; Respondent: Mark P. Burns; Respondent: Peligros International (Barbados) Limited; Respondent: Viajes International (Barbados) Limited
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 February 2005
Procedural Posture
Application for Production of Documents in the Context of Enforcement of a Judgment and the International Commercial Arbitration Act / Ruling on Pre Examination Production of Documents Prior to an Examination in Aid of Execution
Outcome
Application partially granted and partially adjourned: ordered production of specified personal financial and asset documents prior to examination; adjourned application for solicitor practice records and billings pending further application with notice to the Law Society of British Columbia.
Legal Topics
Production of Documents, Examination in Aid of Execution, Pre Examination Disclosure, Protection of Solicitor Client Privilege
Source Language
English
Civil Procedure Enforcement of Judgments Solicitor Client Privilege International Arbitration Act Matters Production of Documents Examination in Aid of Execution Pre Examination Disclosure Protection of Solicitor Client Privilege

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Parties

Ali Mohmed Ali Bagash

Petitioner

Abu Ansari

Petitioner

Mark P. Burns

Respondent

Peligros International (Barbados) Limited

Respondent

Viajes International (Barbados) Limited

Respondent

Procedural Posture

Application for Production of Documents in the Context of Enforcement of a Judgment and the International Commercial Arbitration Act / Ruling on Pre Examination Production of Documents Prior to an Examination in Aid of Execution

Legal Issues

  1. 1 Whether an order for production of documents can be made prior to an examination in aid of execution
  2. 2 Whether solicitor-client privilege prevents production of a judgment debtor solicitor's practice documents and billings without client consent

Ratio Decidendi

The court granted a partial pre-examination production order for the judgment debtor's personal worldwide assets, liabilities, financial accounts, loans, tax returns, insurance policies, passports, vehicle records and creditor documents for specified dates, but declined at this time to order production of solicitor practice records and billings because Maranda establishes a prima facie protection for such material; the application for practice documents was adjourned generally and may be renewed with notice to the Law Society so it can be heard on the privilege issues.

Court Disposition

Application partially granted and partially adjourned: ordered production of specified personal financial and asset documents prior to examination; adjourned application for solicitor practice records and billings pending further application with notice to the Law Society of British Columbia.

Orders

  • Produce a list of all worldwide assets owned by Mr. Burns and their location
  • Produce a list of all liabilities currently owed by Mr. Burns