Appellant
Respondent
Background:
The case involved a dispute between Lucas William Robert Robinson (Appellant) and Giovanni Alfredo Bevilacqua (Respondent), concerning Robinson's interest in a property known as Loranda Farms in Chilliwack, BC. Bevilacqua, Robinson's uncle, claimed Robinson misused a power of attorney, leading to a judgment against Robinson for $700,000, with $500,000 still outstanding.
Legal Issues:
The main legal issue centered on whether the property should be sold to satisfy the judgment. Robinson challenged the validity of a Registrar’s report, which outlined his interests in the property and recommended the sale. Robinson argued that the report was invalid because certain parties, including his lawyer, were not served notice, violating the Court Order Enforcement Act (COEA). He also claimed the report mischaracterized his interest in the property, complicating the sale process.
Court Ruling:
The Court of Appeal dismissed Robinson's application for an extension of time to appeal a lower court order. The judge found that although there were issues with notice, it was not in the interests of justice to set aside the report. The judge referred the matter back to the Registrar for an updated report to clarify the interests involved.
Costs:
The Court ordered Robinson to pay the respondent’s costs for the proceedings, although the specific amount was not detailed in the document.
Court
Court of Appeals for British ColumbiaCase Number
CA50018Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
Download documents