Plaintiff
Defendant
Other
Facts: The case, "Bang v. Kim," involves a real estate dispute between Sung Oh Bang and Mi Kyung Kim, among others. Two primary applications were made in court related to the dispute's legal proceedings, focusing on pleadings and jurisdictional challenges.
Issue: The core issues revolved around whether certain defenses and pleadings should be struck out and whether the counterclaim should be dismissed based on jurisdictional grounds.
Court's Ruling: The court granted the application to partially strike the defendants' pleadings, including removing the unclean hands and set off defenses. It allowed some amendments to the defendants' response. Another application to dismiss the counterclaim on jurisdictional grounds was successful, ending the Canadian proceedings against the defendants by counterclaim.
Amount of Costs/Damages Awarded: Costs for the application to strike pleadings were to be borne by each party themselves due to divided success. However, the defendants by counterclaim were awarded full costs for the jurisdictional challenge, reflecting their substantial success on that application. The court agreed that these issues were more complex than ordinary, justifying costs at Scale C. The time spent on these legal matters was allocated equally between the two applications.
Court
Supreme Court of British ColumbiaCase Number
S187014Practice Area
Real estateAmount
Winner
OtherTrial Start Date
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