Plaintiff
Defendant
Background:
In November 2019, McHugh, a retired member of the Squamish First Nation, contracted the defendants to build a tiny home. After receiving payment, the defendants failed to complete or deliver the home. Despite attempts to recover her money, McHugh received no refund. She filed a civil claim in 2021, and the defendants did not respond, leading to a default judgment in her favor. Subsequently, McHugh sought to enforce the judgment by selling the defendants' property.
Legal Arguments/Issues:
McHugh sought to set aside a without-notice order obtained by the defendants and requested vacant possession of the defendants' land to facilitate its sale. She also asked for the defendants to be declared vexatious litigants due to their repeated meritless filings and delays in the enforcement process.
Court’s Findings:
The court found that the defendants acted in bad faith, misled the court, and failed to disclose material facts in their without-notice application. It set aside the previous order, granted McHugh vacant possession of the property, and declared the defendants vexatious litigants to prevent further abusive legal filings.
Costs/Awards:
The court ordered special costs against the defendants and restricted their ability to file future court applications without approval. Financial terms were not specified.
Court
Supreme Court of British ColumbiaCase Number
S219882Practice Area
Civil litigationAmount
Winner
PlaintiffTrial Start Date
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