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Decisions matching the current search
The court set aside a pre-judgment garnishing order, finding the defendant showed undue hardship and little risk of a dry judgment. Special costs against defence counsel were refused.
The court set aside two garnishing orders before judgment, finding the supporting materials unclear and the plaintiffs’ delay in prosecuting the case unjustified.
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.
Appeal from a costs ruling arising from a garnishing order before judgment dismissed; the judge upheld the Master’s refusal to award special costs or personal costs against counsel.
The court refused to set aside a pre-judgment garnishing order, finding the plaintiff’s affidavit and pleadings clearly stated the claimed amount and disclosed the relevant issues.
Application to set aside a pre-judgment garnishing order was dismissed. The court found a date error in the affidavit was not materially misleading, but reduced overstated attachment costs.
The court dismissed a pre-judgment garnishing order and refused default judgment because the pleadings did not show the claim was liquidated or ascertainable by mere arithmetic.
The court dismissed an application to set aside a pre-judgment garnishing order arising from a wrongful dismissal claim and left the funds in court.
The court set aside a Master’s grant of leave to challenge garnishing orders before judgment because the defendants provided no evidence for the grounds advanced.
The court upheld a pre-judgment garnishing order based on a contractual severance claim, but reduced the amount by $22,000 for vacation pay already paid.
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