Plaintiff
Defendant
Facts:
Lorne Harder, Springhill Investments Ltd., and Harder Investments Ltd. (plaintiffs) claimed they advanced $11.5 million in loans to InCor Holdings Limited, George Molyviatis, Jocelyn Bennett, Pangaea Resources Limited, and related entities (defendants). Only $2 million was repaid, leaving the balance allegedly due. The plaintiffs sought recovery based on loan agreements governed by British Columbia law.
Legal Arguments/Issues:
The key issue was whether the British Columbia Supreme Court had territorial competence over three defendants: Pangaea Resources Limited, InCor Services Limited, and LeadFX Inc. The plaintiffs argued for jurisdiction under:
The defendants challenged this, particularly arguing that some entities were not parties to the loan contracts.
Decision:
The court found a real and substantial connection with British Columbia due to contractual obligations performed or governed under B.C. law. The defendants’ filing of responses to the claim constituted submission to the court’s jurisdiction.
Costs:
The court dismissed the defendants' jurisdictional challenge and awarded costs to the plaintiffs in the cause, though the exact amount was not specified.
Outcome:
The plaintiffs successfully retained British Columbia jurisdiction over the defendants, allowing the case to proceed in the B.C. Supreme Court.
Court
Supreme Court of British ColumbiaCase Number
S237204Practice Area
Civil litigationAmount
Winner
PlaintiffTrial Start Date
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