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Contract law 2024 BCSC 465

Clarke Communication Contracting Inc. v. Black Diamond Limited Partnership

The court upheld a pre-judgment garnishing order in a construction-payment dispute, finding the claim could be treated as liquidated and no basis to set it aside.

  • Pre-judgment garnishing order
  • Liquidated demand
  • Full and frank disclosure
  • Setting aside orders
  • Admissibility of affidavit evidence
  • Coea ss.3(2) and 5(2)
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Civil procedure 2020 BCSC 1481

Malik v. Eagle Mountain Farms

The court set aside default judgment against Eagle Mountain Farms (A Partnership), substituted Eagle Mountain Farms Ltd., and upheld judgment against the guarantors.

  • Default judgment
  • Setting aside judgment
  • Garnishing order
  • Substitution of parties
  • Guarantee/guarantor liability
  • Costs and special costs
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Contract 2018 BCSC 679

Bai v. MLGB E-Sports Inc.

The court granted summary judgment on a settlement debt, struck the defamation parts of a counterclaim for inadequate particulars, and refused Jeon's bid to stop or redirect garnished funds.

  • Summary judgment
  • Striking pleadings
  • Pre-judgment garnishing order
  • Third-party standing
  • Employment standards act lien
  • Interlocutory injunction
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Civil procedure 2010 BCSC 921

Hall Enterprises Inc. v. Tyam Construction Ltd.

The court partially released pre-judgment garnished funds, finding the claim liquidated and balancing the parties’ competing claims under the Court Order Enforcement Act.

  • Garnishing order
  • Set-off
  • Liquidated claim
  • Privilege
  • Full and frank disclosure
  • Business records
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Civil procedure 2009 BCSC 763

Camnex Marketing Inc. v. Aberdeen Financial Group

The court upheld the refusal to set aside a small claims default judgment, finding Camnex delayed unreasonably and failed to show a defence worthy of investigation.

  • Default judgment
  • Setting aside default judgment
  • Service of process
  • Garnishment
  • Standard of review
  • Delay
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Tax law 2005 FC 642

98668 Canada Inc., Re

La Cour fédérale rejette la motion de Sandra Stein visant à suspendre ou annuler une ordonnance finale de saisie-arrêt et maintient la vente prévue.

  • Garnishment
  • Stay of execution
  • Ownership claim
  • Federal courts rules r.455
  • Applicability of provincial procedure
  • Stay-of-execution
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Civil procedure 2003 BCSC 2008

Stadnyk v. Allen

The court set aside a default judgment, finding the defendant’s failure to respond was not wilful, his application was prompt, and he had a defence worthy of trial.

  • Setting aside default judgment
  • Service and substitutional service
  • Wilful default
  • Prompt application to set aside
  • Meritorious defence
  • Garnishment
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Employment law 2002 BCSC 1787

Rubin v. Metrakos

Interlocutory motions over garnishing orders and a Mareva injunction in an employment and fraud dispute. The court set aside both sides’ garnishing orders but kept the freezing injunction in place.

  • Garnishing orders before judgment
  • Mareva (freezing) injunction
  • Constructive dismissal
  • Misappropriation of corporate funds
  • Promissory notes
  • Service under court order enforcement act s.9(2)
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