Background:
Bear Ridge Railing MFG Inc. sued D.K. Railings Ltd. in the Supreme Court of British Columbia for breach of contract, alleging D.K. Railings failed to pay for railing materials. Bear Ridge obtained prejudgment garnishing orders to secure $451,353.83 in unpaid invoices.

Legal Issues:
D.K. Railings sought to set aside the garnishment, arguing:

1. Improper Garnishment: Claimed Bear Ridge’s suit did not meet statutory requirements for a liquidated debt, as required by the Court Order Enforcement Act.
2. Failure to Disclose Material Facts: Asserted Bear Ridge did not disclose significant details, such as payment disputes and contract terms.
3. Unjust Garnishment: Alleged Bear Ridge aimed to harm D.K. Railings’ business.

Court’s Analysis:
Justice Elwood found the debt was a liquidated claim due to the invoices’ clear amounts. Arguments over pricing or terms were deemed contract defenses rather than grounds to nullify garnishment. The court found no intent to harm D.K. Railings.

Conclusion and Costs:
The court reduced the garnishment amount by $51,981.33 to exclude disputed financing charges, lowering the garnished sum to $399,372.50. Bear Ridge Railing MFG Inc., the prevailing party, was awarded costs associated with the application and short leave application, affirming its primary entitlement to the garnished funds.