Can a garnishing order be for a liquidated claim?
British Columbia, Canada
The following excerpt is from Barargan v. Milnx Business Services Inc., 2001 BCSC 765 (CanLII):
The courts have held that the true nature of the plaintiff’s claim must, if a garnishing order before judgment is to be upheld, be for a sum certain or liquidated claim. In Mitchell v. Fournier 1949 CanLII 445 (BC SC), [1949] 1 W.W.R. 349 (B.C.S.C.) Mr. Justice Manson, viewed those proceedings as an action for unliquidated damages. At page 352 he finds: In the case at Bar we have a claim in the nature of damages but in the form of a liquidated claim. The mere phrasing of the endorsement on the writ cannot change the true nature of the claim.
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