Canada Case Law

Hong v. Yin

Court

British Columbia Court of Appeal

The settlement provision allowing immediate entry of judgment on default is an acceleration clause, not a forfeiture, and s.25 of the Law and Equity Act applies only to covenants in a mortgage of land or agreements for sale of land; because the settlement agreement did not create a legal or equitable mortgage or an agreement for sale and the CPL was not a pledge created by the agreement, relief from forfeiture under s.24/25 was unavailable; alternatively, even if available, the appellants failed to satisfy the discretionary criteria for relief.

Source excerpt

• Relief from forfeiture
• Acceleration clause
• Equitable mortgage
• Consent judgment
• Certificate of pending litigation
• Discretionary equitable relief

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Block v. Block

Court

Supreme Court of British Columbia

The application for a stay was dismissed because the applicant satisfied the low threshold on merit but failed to establish irreparable harm and failed the balance of convenience: registrar findings and financial disclosure demonstrated the applicant had sufficient liquid assets and income to meet the immediate payment obligations, any harm was monetary and remediable, and the interests of justice and convenience favoured the respondent who would be deprived of the fruits of judgment if the stay were granted.

Source excerpt

• Stay pending appeal
• Spousal support
• Property division
• Payment schedule
• Registrar certificates
• Irreparable harm

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SWS Marketing Inc. v. Zavier

Court

Supreme Court of British Columbia

The defendant owners made bona fide efforts to purge contempt by offering to apply the $25,000 security plus offsets to the specified court-ordered costs; under the strictissimi juris principle the amounts necessary to purge contempt are the definitive sums set out in the contempt ruling (not speculative interest or enforcement costs), therefore the $25,000 plus interest shall be applied and the computed offsets reduce the outstanding court-ordered costs to $31,854.71, payable within seven days; judgments registered against Mr. Gauthier's property (CB1022912 and CB1107567) are cancelled if th…

Source excerpt

• Contempt sentencing
• Offset of costs
• Release of security
• Standing to sue
• Service of process
• Strata fee collection

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Zimtu Capital Corp. v. Capacitor Metals Corp.

Court

Supreme Court of British Columbia

The court dismissed the application to set aside because the non-disclosed materials relied on by the defendant were either defenses rather than material facts required by COEA s.3, the asserted just discounts were not liquidated or sufficiently evidenced (promissory note deductions speculative and unsupported), and therefore there was no material non-disclosure that would have changed the registrar's decision to grant the garnishing order.

Source excerpt

• Pre-judgment garnishing order
• Full and frank disclosure
• Just discounts
• Set off
• Ex parte applications
• Hearsay and evidentiary weight

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1046056 B.C. Ltd. v. Liang

Court

Supreme Court of British Columbia

The CPLs registered against the Park Station strata units were properly registered under s.215(1)(b) because a Fraudulent Conveyance Act claim challenging share transactions effectuated through closely‑held corporate vehicles that were designed to divest corporate holdings of land is an action "in respect of land"; however, the NOCC's bare assertion of a direct beneficial interest by Liang in Park Station was insufficient in itself to support a CPL; the CPL relating to the West 53rd home was barely supported by the pleadings; applicants failed to show sufficient hardship or inconvenience unde…

Source excerpt

• Certificate of pending litigation (cpl)
• Section 215 land title act
• Fraudulent conveyance act
• Beneficial ownership vs shareholder rights
• Hardship and inconvenience (ss.256-257)

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Pagliaro v. Pagliaro

Court

Supreme Court of British Columbia

The court held that family-property proceeds held in counsel’s trust account were not attachable by a garnishing order while FLA entitlements remained uncertain.

• Garnishment
• Attachment of trust funds
• Interim distribution (s.89 fla)
• Asset restraint (s.91 fla)
• Family debt (s.86 fla)
• Trust retainer

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.

• Strike response to civil claim
• Summary judgment / summary trial
• Mareva injunction and ancillary disclosure
• Fraudulent misrepresentation
• Negligent misrepresentation
• Unjust enrichment

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Canada Mortgage and Housing Corporation v. Gravelle

Court

Nova Scotia Court of Appeal

The Court upheld the lower court's interpretation of s.7(1): a Canadian judgment registered under the Act is not enforceable in Nova Scotia after the time for enforcement has expired in the originating province, and there was no error of law in staying enforcement; appeal dismissed.

Source excerpt

• Interpretation of s.7(1) of the enforcement of canadian judgments and decrees act
• Enforceability of expired out-of-province judgments
• Registration of out-of-province judgments

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Hong v. Yin

Court

British Columbia Court of Appeal

The appeal from a BC Supreme Court order stayed execution of a consent judgment and refused security for costs, pending determination of the appeal.

• Relief from forfeiture
• Stay of execution
• Security for costs
• Consent judgment
• Acceleration clause
• Law and equity act s.25

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Yin v. Hong

Court

Supreme Court of British Columbia

The court dismissed a bid for relief from forfeiture after a settlement default, holding the judgment clause was an acceleration clause and s. 24 LEA did not apply.

• Relief from forfeiture
• Acceleration clause
• Consent judgment
• Certificate of pending litigation (cpl)
• Execution and garnishment
• Unclean hands

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