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Civil procedure 2023 BCSC 2028

Prince v. Canadian Imperial Bank of Commerce

The court dismissed judicial review of an in-absence garnishment hearing, finding no procedural unfairness in context, the order reasonable, and the matter moot.

  • Absence of party at hearing
  • Adjournment
  • Fresh evidence
  • Mootness
  • Standard of review
  • Procedural-fairness
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Civil 2023 ONCA 423

Friendly v. 1671379 Ontario Inc.

The court upheld the motion judge’s finding that MCAP’s GSA, perfected in 2013, validly covered proceeds payable to 167 under the BTIG and therefore MCAP had priority for the Shortfall Judgment over ACC and other creditors; ACC’s abuse/estoppel argument failed because MCAP’s prior position in the improvident sale action addressed assignment of the BTIG agreement (not proceeds) and was not inconsistent with asserting a PPSA security in receivables. However, because it was discovered after the hearing that the Mesbur judgment was a consent judgment and material issues (PPSA application, perfect…

  • Priority of creditors
  • Security interest perfection
  • Personal property security act
  • Consent judgment
  • Assignment of judgment
  • Assignments and preferences
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Civil 2023 ONCA 238

1770650 Ontario Inc. v. McEnery

The motions judge correctly interpreted the Policy to make the $500,000 dishonest lawyer sublimit both per claim and an aggregate limit per policy period; LawPRO reasonably expended defence and investigation costs across multiple claims involving McEnery and the Firm, which exhausted the aggregate sublimit (less a prior payment of $27,123.63), so no further funds were payable to the appellants; appeals dismissed.

  • Dishonest lawyer coverage
  • Policy interpretation
  • Aggregate limit
  • Duty to defend
  • Duty to settle
  • Garnishment under r.60.08(16)
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Civil procedure 2023 BCSC 190

RGN Management Limited Partnership v. 7th Light Education Group Inc.

On costs after a garnishment application, the court held the defendant had not shown grounds to depart from the default rule. Costs were awarded in the cause.

  • Interlocutory costs
  • Costs in the cause vs costs in any event
  • Attachability of payments
  • Court order enforcement act s.5
  • Supreme court civil rules r.14-1(12) and r.8-5(8)
  • Interlocutory-costs
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Garnishment 2022 BCSC 760

Coast Mountain Aviation Inc. v. Dawn Construction Ltd.

The court dismissed Dawn Construction (2018) Ltd.’s standing application and ordered BGIS LP to pay $76,334.54 into court in a debt recovery garnishment dispute.

  • Garnishing order
  • Standing to oppose garnishment
  • Privity of contract
  • Agent principal relationship
  • Payment into court
  • Costs
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Civil 2021 ONCA 835

Environmental Waterproofing Inc. v. Huron Tract Holdings Inc.

The motion judge erred by concluding that Gorman J. had decided the priority dispute when her endorsement expressly indicated the issue remained for another day; because there was no prior determination, the appellant's motion could not be dismissed as a collateral attack and the matter must be remitted for a merits hearing; appellant is entitled to the specified costs.

  • Priority of secured claim
  • Garnishment
  • Collateral attack
  • Costs
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Civil 2021 ONCA 623

Pinder v. Biggar

The garnishment Order was interlocutory because it was made within the ongoing oppression action to enforce prior cost awards, did not finally determine the parties' substantive rights nor end a discrete proceeding, and therefore the Court of Appeal lacked jurisdiction to hear the appeal; the appeal was quashed and any further appeal lies to the Divisional Court under CJA s.19(1)(b).

  • Interlocutory order
  • Finality of order
  • Jurisdiction of appellate court
  • Enforcement of costs
  • Proper avenue of appeal
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Civil procedure 2020 BCSC 1324

Li v. Jin

The court refused to set aside prejudgment garnishing orders or release paid funds, finding no material non-disclosure and a real risk of dry judgment.

  • Garnishing order before judgment
  • Full and frank disclosure
  • Court order enforcement act s.3(2)(d)
  • Court order enforcement act s.5(2)
  • Necessity and dry judgment
  • Hardship
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Securities law 2020 ONCA 530

Ontario Securities Commission v. Bluestream Capital Corporation

Extension of time to appeal was denied because the absence of an intention to appeal was not adequately explained (judgment‑proof status demonstrated a tactical choice), the inordinate delay caused real prejudice to the victims, and the proposed appeal was not clearly strong given unresolved factual issues and allegations of fraud; therefore it was not in the interests of justice to extend time under r.3.02.

  • Extension of time to appeal
  • Garnishment
  • Set-off
  • Fraudulent conveyance
  • Judgment debtor examination
  • Disgorgement
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Civil procedure 2019 BCCA 434

DJ Titanic Services Ltd. v. Guo

The Court of Appeal dismissed Mr. Guo’s appeal from a payment-out order, holding the disputed funds never became Mr. Bahia’s property and were not attachable by garnishment.

  • Garnishing order
  • Payment out of court
  • Agency agreement
  • Bank draft reversal
  • Priority of claims
  • Garnishment
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.