Canada Case Law

Wen v. Tong

Court

Supreme Court of British Columbia

The orders and judgment were set aside because the court found the originating pleading was not personally served on the individual defendant (passport evidence placed him abroad on the purported service date), the response to civil claim was not filed by the defendants (signature and service address inconsistent), and the Robertson substituted service order was obtained at least in part on the false premise that defendants had filed a response after substituted service, rendering subsequent substituted service and all orders founded on it invalid and nullities; defendants granted leave to fi…

Source excerpt

• Personal service requirements
• Substituted service
• Setting aside judgments
• Dissolved company litigation (bca s.346)
• Unauthorized/forged filings
• Summary judgment

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Nouhi v. Pourtaghi

Court

Supreme Court of British Columbia

The court granted a brief adjournment of an examination in aid of execution, imposed conditions for written requests and sworn responses, and set a January 31, 2026 minimum reset date.

• Examination in aid of execution
• Adjournment for medical reasons
• Medical affidavit evidence
• Written discovery as substitute for oral examination
• Implied undertaking
• Court jurisdiction to set peremptory dates

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Ma v. Wu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a review application and upheld dismissal of the appeal as abandoned after the appellants failed to comply with security-for-costs orders.

• Dismissal as abandoned
• Security for costs
• Standard of review
• Procedural fairness
• Inactive list
• Dismissal-as-abandoned

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GC Capital Inc. v. 1161359 B.C. Ltd.

Court

Supreme Court of British Columbia

Registrar Gaily ordered Helen Chan Sun to pay GC Capital Inc. at least $300,000 monthly, finding she had means through assets and a large shareholder loan.

• Subpoena to debtor
• Examination in aid of execution
• Interest rate dispute
• Shareholder loan recovery
• Contempt
• Payment order

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Summit Leasing Corporation v. Rutledge

Court

Supreme Court of British Columbia

Application for post-judgment document production and an examination order was granted in part: narrowed production was ordered from Donald, and Leslie was ordered to attend for examination.

• Examination in aid of execution
• Document production under rule 13-4(11)
• Spousal compellability under rule 13-4(5)
• Business corporation record production s.42 bca
• Case-splitting
• Discovery limits

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Westgate Koenig Group Ltd. v. 1371212 B.C. Ltd.

Court

Supreme Court of British Columbia

The Court set aside a damages assessment and a default judgment after finding procedural unfairness in how the assessment proceeded and that justice favoured hearing the dispute together.

• Default judgment
• Setting aside judgment
• Damages assessment
• Miscarriage of justice
• Miracle feeds test
• Notice of assessment

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Pannu v. Behnke

Court

Supreme Court of British Columbia

Application to enforce insurance proceeds under s. 76 of the Insurance (Vehicle) Act was dismissed because no action had been commenced against ICBC and the judgment was not yet entered.

• S.76 insurance (vehicle) act
• Enforcement against insurer
• Associate judge jurisdiction
• Stay of execution
• Costs
• Insurance-law

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Rumpel Construction Ltd. v. Western Canadian Construction Company Ltd.

Court

Supreme Court of British Columbia

The court ordered WCCC to produce further supporting documents for a ledger used in aid of execution, but declined to decide the broader scope issue about questioning related companies.

• Examination in aid of execution
• Document production
• Scope of discovery
• Related entities and alter ego issues
• Fraudulent conveyance/transfer allegations
• Examination-in-aid-of-execution

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Du v. UpMeals Technologies Inc.

Court

Supreme Court of British Columbia

The court stayed execution of a default judgment for 12 months and ordered monthly financial disclosure, but rejected a proposed 30-month instalment plan.

• Default judgment
• Stay of execution
• Instalment payments
• Variation of judgment
• Financial disclosure
• Investor conditionality

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M.F.G. v. K.J.M.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia held that an Alberta guardianship-related enforcement order was properly registered in B.C. and enforceable as a B.C. order, but gave no further directions.

• Registration of canadian judgments
• Enforcement of guardianship orders
• Enforcement of canadian judgments and decrees act
• Ex parte orders
• Directions under s.6
• Judgment-enforcement

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