Faulkner v. Erickson
Charlotte Faulkner
Law Firm / Organization
Pearlman Lindholm Law Corporation
Lawyer(s)

Michael Scherr

David Hermansen
Law Firm / Organization
Pearlman Lindholm Law Corporation
Lawyer(s)

Michael Scherr

Jonathan Todd Erickson
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

Harley J. Harris

  • Facts: In Faulkner v. Erickson, the parties were long-time friends and business partners disputing over a promissory note for $200,000. The case also involved real property and business agreements, with the defendant Erickson seeking to set aside a garnishing order that had secured $200,265 from his bank account.

  • Issue: The central legal issue was whether the garnishing order, obtained by the plaintiffs without notice to Erickson, should be set aside, especially considering Erickson's claim of sufficient assets in British Columbia to cover the debt.

  • Court’s Ruling: The court decided to set aside the garnishing order, finding it unnecessary as Erickson demonstrated sufficient assets to satisfy the potential judgment. The decision was based on the argument that Erickson's assets in British Columbia were more than adequate to secure the claimed amount, thus making the garnishing order unjustified.

  • Costs/Damages: Erickson was successful in his application to set aside the garnishing order, and the court ruled that he should have his costs in the cause. However, the exact amount of costs or damages awarded was not specified in the provided text.

Supreme Court of British Columbia
S223116
Civil litigation
Defendant