Canada Case Law

1063466 B.C. Ltd. v. 1286121 B.C. Ltd.

Court

Supreme Court of British Columbia

Registrar's report is approved; on the evidence there is a real risk that existing equity in other properties will not satisfy the judgment and the petitioner faces prejudice from further dilution, therefore the court ordered sale of the non‑residence Gaba Properties (144 Street and 49 Avenue) with exclusive conduct by the petitioner and sale by realtor, dispensed COEA advertising, while deferring sale of the Principal Residence for four months under s.96(2) COEA due to hardship and valuation uncertainty, with liberty to reapply thereafter.

Source excerpt

• Sale of land under coea
• Deferral of sale of principal residence
• Registrar's report approval
• Priority of judgments
• Evidence of property value
• Court conduct of sale

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GC Capital Inc. v. 1161359 BC Ltd.

Court

Supreme Court of British Columbia

Appeal dismissed from a registrar’s payment order requiring Helen Chan Sun to pay $300,000 monthly toward a judgment debt.

• Debtor examination
• Payment order
• Guarantor liability
• General security agreement
• Personal financial statements
• Liquidity and asset disposition

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Canada (National Revenue) v. Wilson

Court

Federal Court

The Federal Court allowed the Minister to proceed with seizure and sale of seven serial-numbered items, finding they belonged to Travis Wilson, not his company.

• Seizure and sale of personal property
• Serial numbered goods and personal property registry
• Third party claim and notice of objection
• Compliance with civil enforcement act and regulations
• Federal court enforcement jurisdiction
• Tax-enforcement

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Eilat Exploration Ltd. v. Patterson

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to extend time to appeal an order approving sale of property, after the appellants failed to appear and the sale proceeds were already distributed.

• Extension of time
• Judgment enforcement
• Order for sale
• Bona fide purchaser
• Abuse of process
• Standard of review

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G.S. v A.B.

Court

Supreme Court of Nova Scotia

Material change was established by the child's refusal to attend parenting time and the father's persistent noncompliance with communication provisions; the father's controlling behaviour, dysregulation, failure to prioritize the child's needs and hostility toward the mother caused the estrangement; on the child's best interests the court denied shared parenting and additional midweek overnights, eliminated Sunday overnights, granted the mother sole decision-making, mandated therapeutic counseling for both parents and the child with information-sharing among therapists, dismissed the enforcem…

Source excerpt

• Variation of parenting/custody
• Shared parenting
• Parenting time enforcement (psa s.40)
• Child support guidelines and undue hardship
• Arrears and rescission of support
• Sole decision-making

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Hazen v. Hazen

Court

Supreme Court of British Columbia

The court found repeated breaches of family-law orders, imposed $25,000 in monetary penalties, ordered $300,000 security for future payments, and awarded special costs.

• Breach of court orders
• Financial disclosure
• Monetary penalties under s.230 fla
• Security for future payments
• Costs
• Breach-of-court-orders

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Bevilacqua v. Robinson

Court

Supreme Court of British Columbia

The court dismissed an application to approve sale of a debtor’s fractional property interest, finding the estate’s valuation evidence inadmissible and insufficient.

• Court approval of sale under execution
• Tenants in common and partial interests
• Valuation of partial interests
• Admissibility of expert opinion evidence
• Costs
• Court-approval-of-sale-under-execution

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T.A.O. v. D.J.M.

Court

Supreme Court of British Columbia

The court applied s. 230 of the Family Law Act to enforce a consent order, found deliberate non-compliance, imposed a $4,000 fine, and awarded $1,700 fixed costs.

• Enforcement of consent order
• Section 230 family law act
• Contempt (adjourned)
• Costs (fixed and special)
• Share transfer documentation disputes
• Recording prohibition breach

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Clarke v. Braich

Court

Supreme Court of British Columbia

The court discharged a judgment registration against trust lands and refused to appoint an equitable receiver, finding the beneficiary’s trust interest was contingent and not yet exigible.

• Registration of judgment against trust property
• Attachment of contingent future interests
• Equitable receivership
• Alter ego trust
• Estate administration
• Judgment-enforcement

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The Owners, Strata Plan VR 812 v. Yu

Court

Supreme Court of British Columbia

The court ordered a reference to the District Registrar to determine sale of Ms. Yu’s strata property to satisfy unpaid judgments and awarded costs to the applicant.

• Sale of land to satisfy judgment
• Strata bylaw enforcement
• Contempt of court
• Costs assessment
• Res judicata
• Hardship applications

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