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Supplementary reasons on family debt and costs: the court included CIBC post-judgment interest, fees and disbursements in family debt, denied a Registrar hearing, fixed equalization at $15,173, and awarded Mr. Jones $75,000 in costs.
The court dismissed an interlocutory application to stop wage garnishment, held no injunction lay against the Crown under s. 11 of the Crown Proceedings Act, and awarded costs of $500.
The British Columbia Court of Appeal granted a seven-day extension of time to file a cross-appeal, finding counsel oversight, no prejudice, and an arguable appeal.
The appeal is dismissed because the application judge's finding—that the Kyrgyz Republic had not de facto appropriated KGC and therefore was not the debtor to whom Centerra's intercompany payment was payable—was open on the record and supported by evidence (including ongoing Chapter 11 protection, injunctions, and international arbitration/GAA outcomes); there was no reversible error and the appellant was bound by the court‑approved plan and its releases.
Source excerpt
The court set aside two pre-judgment garnishing orders, finding the plaintiff’s affidavit omitted material family-law context and that the garnishment was unnecessary.
The court recognised Miller Thomson’s solicitor’s charge over recovered property, adjourned receivership pending a registrar’s review, and rejected other sought relief.
The court stayed a wrongful dismissal action in favour of arbitration in Alberta, finding the arbitration clause was not void under the B.C. Employment Standards Act.
The court refused to set aside a default judgment, finding substituted service in 2015 was effective and the defendant delayed four years without a credible defence.
The appeal is dismissed because the application judge made defensible factual findings that the corporation had adopted an existing budget, the s.10.3 notice reasonably set out the reasons for the special assessment, the funds were applied to urgent operating needs with reserve replenishment contingent on collection from the appellant, and no palpable and overriding error was shown.
Source excerpt
The court dismissed a pre-judgment garnishment application, finding intercompany debts to SMG Asset were neither due nor accruing due under the COEA.
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