What is the test for setting aside a garnishing order before judgment?

British Columbia, Canada


The following excerpt is from Greater Vancouver (Sewerage and Drainage District) v. Canadian National Railway Company, 2012 BCSC 1929 (CanLII):

In Flintstone Concrete v. Peace River et al., 2003 BCSC 1137, in considering an application to set aside garnishing orders before judgment, Master Groves (as he then was) said: Pre-judgment garnishing orders are an extraordinary remedy granted by the court...The rationale behind these orders is to prevent the defendant from disposing of, absconding with, or in any other manner disavowing themselves of funds available to satisfy the debt. It is a remedy granted only where particular circumstances are alleged to exist and where it is relatively clear that there is a definitive debt owing to the plaintiff. (para. 89)

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