RGN Management Limited Partnership v. 7th Light Education Group Inc.
RGN Management Limited Partnership by its general partner RGN Management GP Inc.
7th Light Education Group Inc. sometimes doing business as Seventh Light Education Group Inc. and sometimes doing business as Centre for Entertainment Arts
Law Firm / Organization
Stewart Aulinger & Company
Lawyer(s)

David Moonje

Background:
RGN Management Limited Partnership (RGN) provided office space and services to 7th Light Education Group Inc. (7th Light) under a contract. When 7th Light failed to pay, RGN sued for $2,444,375.55. RGN obtained a garnishing order attaching $795,539.52 from Langara College, which owed money to 7th Light. 7th Light argued part of the funds were not a debt due and sought their release.

Legal Issues:

  • Whether the $741,758.47 "Program Advance" from Langara was an attachable debt under s. 3 of the Court Order Enforcement Act (COEA).

  • Whether the trial judge erred in finding a Quistclose trust without submissions from the parties.

  • Whether 7th Light had standing to challenge the garnishment order.

Court’s Decision:
The Court of Appeal dismissed RGN’s appeal. It agreed the trial judge erred in raising a Quistclose trust without argument but upheld the ruling on other grounds. The Court found that the Program Advance was not a debt due under COEA, making it not subject to garnishment.

Final Award:
The court ruled in favor of 7th Light Education Group Inc., ordering the release of $741,758.47, which had been previously garnished. No additional costs were awarded.

Court of Appeals for British Columbia
CA48697
Corporate & commercial law
$ 741,758
Respondent