Geophysical Services Inc. v. Sable Mary Seismic Inc.

Geophysical Services Inc. v. Sable Mary Seismic Inc.

The injunctive provisions in the execution orders prevent the judgment debtors from giving up property or making payments of debts owed to them, but do not prevent the judgment debtors from borrowing new money from third parties so long as the loans are entirely new money and not secured by the judgment debtors' property; therefore the proposed borrowings, as represented, do not offend the quoted provisions and a declaratory ruling to that effect is granted.

Citation
2011 NSSC 67
Parties
Plaintiff, Respondent: Geophysical Service Incorporated; Defendant, Moving Party: Sable Mary Seismic Incorporated; Defendant, Moving Party: Matthew Kimball
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 February 2011
Procedural Posture
Civil Enforcement Execution of Judgment / Post Judgment Motion for Declaration Re Execution Orders
Outcome
Declaration granted: borrowing new money not prohibited by execution order injunctions provided loans are not secured by judgment debtor property
Legal Topics
Stay of Execution, Execution Order Injunctions, Borrowing/new Loans, Legal Fees and Retainers, Variation of Execution Orders
Source Language
English
Civil Procedure Execution of Judgments Injunctions Access to Justice Costs and Legal Fees Stay of Execution Execution Order Injunctions Borrowing/new Loans +2 more

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Parties

Geophysical Service Incorporated

Plaintiff, Respondent

Sable Mary Seismic Incorporated

Defendant, Moving Party

Matthew Kimball

Defendant, Moving Party

Procedural Posture

Civil Enforcement Execution of Judgment / Post Judgment Motion for Declaration Re Execution Orders

Legal Issues

  1. 1 Whether proposed payments of counsel fees and retainers via third‑party loans offend injunction provisions in execution orders
  2. 2 Whether the quoted injunction language prevents borrowing new money
  3. 3 Whether the defendants should have to satisfy the stay of execution test (Purdy v. Fulton)

Ratio Decidendi

The injunctive provisions in the execution orders prevent the judgment debtors from giving up property or making payments of debts owed to them, but do not prevent the judgment debtors from borrowing new money from third parties so long as the loans are entirely new money and not secured by the judgment debtors' property; therefore the proposed borrowings, as represented, do not offend the quoted provisions and a declaratory ruling to that effect is granted.

Court Disposition

Declaration granted: borrowing new money not prohibited by execution order injunctions provided loans are not secured by judgment debtor property

Orders

  • Declaration that the quoted provisions of the execution orders do not prevent the judgment debtors from borrowing new money from third parties provided such loans are not secured by the judgment debtors' property and therefore the planned borrowings do not offend the execution orders