Can Rule 21-1 apply to in rem proceedings other than Admiralty matters?

British Columbia, Canada


The following excerpt is from British Columbia (Director of Civil Forfeiture) v. Violette, 2014 BCSC 1520 (CanLII):

In that regard I must also note that I have considered the decision of the master in Director of Civil Forfeiture v. Ngo, 2011 BCSC 1191 [Ngo], and have not followed comments made at para. 16 in which the master said that Rule 21-1 could apply to in rem proceedings other than Admiralty matters. Those comments were not only obiter dicta but were delivered in a case where no argument contrary to that presented by counsel for the Director was made because the application for forfeiture of monies was not defended.

Other Questions


Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
Does section 11 of the Charter apply to extradition proceedings? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
Does an authority to proceed under s. 15 and s. 14(1)(b)(ii) of the Criminal Code apply to a person who has been provisionally arrested, whether detained or released on judicial interim release? (British Columbia, Canada)
Does issue estoppel create unfairness through according preclusive effect to the results of a prior proceeding in a subsequent proceeding? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
How does the mortgage rate apply in the foreclosure proceedings? (British Columbia, Canada)
What analysis applies to this matter, regardless of whether it is brought by way of statutory appeal or judicial review? (British Columbia, Canada)
What is the test to apply to consider whether irregular or improper proceedings at trial should result in the ordering of a new trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.