Can a garnishing order be set aside because it does not name the garnishee in its style of cause?

British Columbia, Canada


The following excerpt is from Flintstone Concrete v. Peace River, 2003 BCSC 1137 (CanLII):

A further ground to have the order set aside proffered by the defendants was that the order was defective because it did not name the garnishee in the style of cause. The authority of Cardinal Insurance Company v. Maple Underwriters Ltd. (1983), 46 B.C.L.R. (B.C.S.C.) was relied upon for Hinds J. comments at p. 143: A more serious objection is that the garnishing order ... did not, in its style of cause, make reference to the name of the garnishee. In the body of the order it stated: ...I do order that all debts, obligations and liabilities owing, payable or accruing due from the above named garnishee... As no “above named garnishee” was mentioned, the order appears to be defective... I recognize that, at the bottom of the order, it names the garnishee and sets out its address, but that has reference to the `notice of garnishee’ appearing near the end of the order. Hinds J. recognized that this was a technical deficiency, but declined to find that it was of no material significance to the order.

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