Liu v. Meng

Liu v. Meng

Section 38 of the Law and Equity Act authorizes nomination of a person to execute conveyances when a party refuses to comply; given the prior order stating the court would execute documents on application and no material change in circumstances, the proper and customary nominee is the district registrar rather than...

Source-derived case information.

Citation
2020 BCSC 910
Parties
Claimant: Hong Mike Liu; Respondent: Ying Meng
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 June 2020
Procedural Posture
Family Law Property (family Claim) / Post Judgment Enforcement Application to Nominate Person to Execute Transfer Documents Under Prior Order
Outcome
Application granted in part; district registrar nominated to execute required transfer documents; claimant awarded costs of the application.
Legal Topics
Execution of Instruments, Nomination Under Statutory Authority, Law and Equity Act S.38, Enforcement of Court Orders, Transfer of Property
Source Language
english
Family Law Property Law Civil Procedure Equity Execution of Instruments Nomination Under Statutory Authority Law and Equity Act S.38 Enforcement of Court Orders +1 more

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Parties

Hong Mike Liu

Claimant

Ying Meng

Respondent

Procedural Posture

Family Law Property (family Claim) / Post Judgment Enforcement Application to Nominate Person to Execute Transfer Documents Under Prior Order

Legal Issues

  1. 1 Whether the court should nominate a person to execute transfer documents under s.38 of the Law and Equity Act
  2. 2 Whether the claimant's solicitor should be nominated or the district registrar
  3. 3 Whether the existing order of Iyer J. should be varied

Ratio Decidendi

Section 38 of the Law and Equity Act authorizes nomination of a person to execute conveyances when a party refuses to comply; given the prior order stating the court would execute documents on application and no material change in circumstances, the proper and customary nominee is the district registrar rather than claimant's counsel, so the district registrar is nominated to execute the transfer documents.

Court Disposition

Application granted in part; district registrar nominated to execute required transfer documents; claimant awarded costs of the application.

Orders

  • The district registrar is nominated pursuant to s.38 of the Law and Equity Act to execute any and all documents required to effect transfer of the strata unit at 1703 - 5189 Gaston Street, Vancouver to the sole ownership of the claimant.
  • The claimant is awarded the costs of this application.