Banner Carpets Ltd. v. Lai
Banner Carpets Ltd.
Law Firm / Organization
Dusevic & Co.
Lawyer(s)

Tom R. I. Dusevic

Cou Lai
Law Firm / Organization
Chantler & Company
Lawyer(s)

Neil Chantler

Heidi Marie Lai
Law Firm / Organization
Hira Rowan LLP
Lawyer(s)

J. Kyle Bienvenu

  • Background: Banner Carpets Ltd. (BCL) brought a case against its former bookkeeper, Cou Lai, and his wife, Heidi Marie Lai (Glasgow), alleging misappropriation of over $1.2 million.

  • Claims: BCL accused Cou Lai of directing e-transfer payments and checks from the company to his personal accounts, including a joint account with Glasgow. BCL sought a Mareva injunction to freeze the defendants' assets to prevent further dissipation.

  • Defendants' Argument: The Lais opposed the injunction, arguing the criteria for a Mareva injunction were not met. Glasgow denied any wrongdoing or knowledge of Cou Lai's actions, asserting her financial independence.

  • Court's Decision: The court found a strong prima facie case of fraud by Cou Lai and inferred a risk of asset dissipation. Consequently, it extended the Mareva injunction until trial.

  • Costs Awarded: The document does not specify the amount awarded to BCL in terms of costs. The focus was on the injunction to preserve assets rather than on determining costs or damages at this stage.

  • Conclusion: The court's decision to extend the Mareva injunction indicates its agreement with BCL's concerns and establishes BCL as the successful party in this phase of the litigation, aimed at preventing further loss of assets.

Supreme Court of British Columbia
S249170
Civil litigation
Plaintiff