Patry v. Capital One
Capital One (Canada Branch)
Law Firm / Organization
Vertlieb Siren
Lawyer(s)

David Georgetti

Capital One (Canada Branch)
Law Firm / Organization
Vertlieb Siren
Lawyer(s)

David Georgetti

Raymond Guy Joseph Patry
Law Firm / Organization
Self Represented
Tara Dawn Patry
Law Firm / Organization
Self Represented
  • Facts: The Patrys faced default orders for credit card debt claimed by Capital One. They challenged the notices of claim's service method (Xpresspost vs. registered mail) and the filing location (Vancouver instead of their residence in Surrey).
  • Issue: The main legal issue was the appropriateness of the service method and filing location for the notices of claim, questioning their compliance with procedural requirements.
  • Court's Ruling: The BC Supreme Court found the Provincial Court's decisions unreasonable, particularly questioning the service method and filing location's validity. It ordered a reconsideration of whether the default orders should be set aside.
  • Costs/Damages: The document did not specify the costs or damages awarded to the successful party as the focus was on the procedural aspects and the direction for reconsideration by the Provincial Court.
Supreme Court of British Columbia
S220036, S220037
Corporate & commercial law
Petitioner