Plaintiff
Defendant
Background Facts: Rumpel Construction Ltd. was contracted by Western Canadian Construction Company Ltd. (WCCC) for a framing project. WCCC later withdrew and chose another contractor, leading Rumpel to initiate legal proceedings. The court previously awarded Rumpel damages totaling $243,516.41, plus costs on Scale B and appropriate interest.
Legal Proceedings: Following the judgment, Rumpel faced difficulties in execution, as WCCC declared it was not a going concern and lacked funds to pay. Subsequent legal actions focused on WCCC's financial dealings and potential asset transfers to related entities.
Legal Arguments/Issues: The key issue was whether the scope of examination in aid of execution could extend to related entities under suspicious circumstances. Rumpel argued for broader inquiries into WCCC’s related entities, suspecting asset shifts that could impact judgment recovery. The court had to determine if such examinations were permissible under Rule 13-4 of the Supreme Court Civil Rules.
Costs and/or Award: The initial trial resulted in an award of $243,516.41 to Rumpel. In the current proceedings, the court granted Rumpel's request for further document production from WCCC but delayed decisions on examining related entities. The matter of legal costs post-examination remained open, with parties instructed to submit further arguments.
Court
Supreme Court of British ColumbiaCase Number
S201310Practice Area
Bankruptcy & insolvencyAmount
Winner
PlaintiffTrial Start Date
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