Small Claims Applications and Procedures Pre-Trial (20:IX): Difference between revisions
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Small Claims Applications and Procedures Pre-Trial (20:IX) (view source)
Revision as of 00:46, 1 August 2024
, 1 August→D. Pre-Judgment Garnishment
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In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets ([http://canlii.ca/t/1fv1d ''Aetna Financial Services v Feigelman'', [1985<nowiki>]</nowiki> 1 SCR 2]; [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]; [http://canlii.ca/t/j888g ''Fernandes v Legacy Financial Systems'', Inc., 2020 BCSC 885)]; this prevents the defendant from dealing with any of their assets in any way. | In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets ([http://canlii.ca/t/1fv1d ''Aetna Financial Services v Feigelman'', [1985<nowiki>]</nowiki> 1 SCR 2]; [http://canlii.ca/t/1f0vk ''Silver Standard Resources Inc. v Joint Stock Co. Geolog'', [1998<nowiki>]</nowiki> BCJ No. 2887]; [http://canlii.ca/t/j888g ''Fernandes v Legacy Financial Systems'', Inc., 2020 BCSC 885)]; this prevents the defendant from dealing with any of their assets in any way. | ||
It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx). | It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgment garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Garnishment%20Package.docx). | ||
== E. Transfer to Supreme Court == | == E. Transfer to Supreme Court == | ||