Canada Judgment

Supreme Court of British Columbia

Sasquatch v. Applied Bottling Ltd.

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Research organized from the available case record

Source document

01

Holding and result

Because setting aside the registration of the California judgment would substantively dispose of the parties' rights and constitute a final order, a Master lacks jurisdiction to decide the application and it must be re-argued before a Judge.

Court disposition

Application adjourned generally to be re-set by Requisition before a Judge of the Supreme Court; Master found to lack jurisdiction to decide the application.

Orders

  • Application adjourned generally to be re-set by Requisition before a Judge of the Supreme Court upon proper notice.
  • Unless the Judge hearing the application otherwise orders, the parties will bear their own costs with respect to the August 30, 2012 hearing.

02

Material facts

Parties

Sasquatch, a California Limited Liability Company

Plaintiff Counsel: J. A. Hall

Applied Bottling Ltd., a British Columbia Company

Defendant Counsel: R. O. Connolly

Darryl John Gaudreau, Individually and as Director of Applied Bottling Ltd.

Defendant Counsel: R. O. Connolly

Amounts and remedies

  • Registered Judgment Total: USD 11,057.64
  • Damages Component of Judgment: USD 9,718.89
  • Interest Component of Judgment: USD 1,338.75

03

Procedural history

  1. Posture

    Registration of Foreign Judgment Application / Application Before Master; Adjourned to Be Re Argued Before a Judge

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendants applied to set aside the registration of the December 5, 2011 Superior Court of California judgment totaling $11,057.64 and asserted the matter was within the jurisdiction of a Master.
Respondent
Plaintiff opposed the application to the extent of maintaining the registration; jurisdiction of the Master was not actively contested at the hearing but the registration was defended.

05

Court’s reasoning

  1. 01

    Euro-Ceramics Tile Ltd. v. T & C Ceramic Tile Contractors, 7 B.C.A.C. 144, PD-34

    A Master has no jurisdiction to make a final order that substantively disposes of the parties' rights.

  2. 02

    Supreme Court practice as applied in this judgment

    Matters that would result in substantive final relief must be heard and determined by a Judge; applications requiring final disposition should be re-argued before a Judge.

06

Ratio, limits and disposition

Ratio decidendi

Because setting aside the registration of the California judgment would substantively dispose of the parties' rights and constitute a final order, a Master lacks jurisdiction to decide the application and it must be re-argued before a Judge.

Obiter and limits

  • The jurisdiction issue did not arise at the August 30, 2012 hearing.
  • The application is adjourned generally to be re-set by Requisition before a Judge upon proper notice.
  • Unless the Judge hearing the application otherwise orders, the parties will bear their own costs for the August 30, 2012 hearing.

Court disposition

Application adjourned generally to be re-set by Requisition before a Judge of the Supreme Court; Master found to lack jurisdiction to decide the application.

  • Application adjourned generally to be re-set by Requisition before a Judge of the Supreme Court upon proper notice.
  • Unless the Judge hearing the application otherwise orders, the parties will bear their own costs with respect to the August 30, 2012 hearing.

Source and reliance status

Supreme Court of British Columbia · 14 September 2012

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Judgment text

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Source document

Supreme Court of British Columbia

Judgment· 14 September 2012

2012 BCSC 1358

2012 BCSC 1358 Sasquatch v. Applied Bottling Ltd.

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Sasquatch v. Applied Bottling Ltd., 2012 BCSC 1358 Date: 20120914 Docket: 12-030 Registry: Victoria Between: Sasquatch, a California Limited Liability Company Plaintiff And: Applied Bottling Ltd., a British Columbia Company, and Darryl John Gaudreau, Individually and as Director of Applied Bottling Ltd. Defendants Before: Master Bouck Reasons for Judgment Counsel for the Defendants/Applicant: R. O. Connolly Counsel for the Plaintiff: J. A. Hall Place and Date of Hearing: Victoria, B.C. August 30, 2012 Place and Date of Judgment: Victoria, B.C. September 14, 2012 [1] Pursuant to a notice of application dated July 12, 2012, the defendants seek the following relief: 1. The registration of the judgment dated December 5, 2011 of the Superior Court of California, County of Humboldt, whereby it was adjudged that the plaintiff recover from the defendants Applied Bottling Ltd. and Darryl John Gaudreau the sum of $9,718.89 for damages and $1,338.75 for interest, for a total sum of $11,057.64 be set aside; and 2. costs. [2] The notice of application states that the matter is within the jurisdiction of a Master. The question of jurisdiction did not arise at the hearing of the application on August 30, 2012. [3] Upon reflection, I have determined that a Master has no jurisdiction to decide this application as the result would substantively

depose the parties' rights and thus represents a final order: Euro-Ceramics Tile Ltd. v. T & C Ceramic Tile Contractors, 7 B.C.A.C. 144, PD-34. [4] Regrettably, the application must now be re-argued before a Judge of the Supreme Court. [5] To assist in this process, I order that the application be adjourned generally to be re-set by Requisition before a Judge of the court upon proper notice. Unless the Judge hearing the application otherwise orders, the parties will bear their own costs with respect to the August 30th hearing. "C. P. Bouck" Master C. P. Bouck

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Euro-Ceramics Tile Ltd. v. T & C Ceramic Tile Contractors, 7 B.C.A.C. 144, PD-34

Case cited

Superior Court of California, County of Humboldt, judgment dated December 5, 2011 (registered judgment)

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