How have courts interpreted the Statement of Claim in garnishee proceedings?

British Columbia, Canada


The following excerpt is from Mitsui & Co. (Canada) Ltd. v. A & R Metal Industries Ltd. et al, 2005 BCSC 1094 (CanLII):

In Valade v. McEwen et al, Turgeon J.A. wrote at 494: We have been referred by the plaintiff to the statement of claim. But an allegation in the statement of claim will not cure the defect. Proceedings by garnishee before judgment are an extraordinary remedy given to the plaintiff in certain cases, and the statute requires the claim put forward by the plaintiff to be sworn to; that is, he must set out under oath the nature and the amount of his claim and swear to facts which constitute a liquidated demand. The affidavit herein is deficient in this respect; it does not even depose to the truth of the allegations made in the statement of claim. This last point is important. A party may allege facts in his pleadings which he hopes to prove at the trial; he may even set up alternative and inconsistent sets of facts. 1930 Ann. Pr., pp. 333 and 368. But evidence is a very different thing; and in garnishee proceedings the Act requires the sworn evidence to be produced, that is, the plaintiff must pledge his oath to facts which establish a liquidated demand.

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