Canada West Tree Fruits Ltd. (The View Winery) v. Saywell
Canada West Tree Fruits Ltd. dba The View Winery
Law Firm / Organization
Craddock Law
Lawyer(s)

Jock Craddock

Debra Anne Saywell aka Debbie Saywell
Law Firm / Organization
Lawson Lundell LLP
Lawyer(s)

Rob Davis

  • Facts: Canada West Tree Fruits Ltd., operating as The View Winery, alleged that Debra Anne Saywell, their former employee and Controller, fraudulently transferred funds to her personal accounts. The company claimed that Saywell used a security token (issued for online transactions) to authorize payments to her Mastercard and other personal accounts, disguising these as legitimate business expenses. Saywell countered that all transactions were authorized and legitimate, attributing responsibility to another employee, Ms. Turton, who officially held the token.

  • Issue: The central issue was whether Saywell misappropriated company funds by authorizing payments without proper authorization and whether the injunction to freeze her assets, granted without her presence (ex parte), was justified.

  • Court's Ruling: The court decided to maintain the Mareva injunction, which froze Saywell's assets. It concluded that there was a justifiable risk of asset dissipation that warranted the continuation of the injunction. The court found the evidence presented by Canada West Tree Fruits Ltd. sufficiently compelling to suggest potential fraudulent activities by Saywell.

  • Costs/Damages Awarded: The document does not specify the exact amount of costs or damages awarded. The focus was on maintaining the asset freeze until the matter could be resolved fully, indicating ongoing proceedings to determine the extent of any financial remedies.

Supreme Court of British Columbia
S137950
Corporate & commercial law
Plaintiff