What is the test for a garnishment under section 5 of the BC garnishment act?
British Columbia, Canada
The following excerpt is from Barargan v. Milnx Business Services Inc., 2001 BCSC 765 (CanLII):
The defendant does not seek an order under section 5 of the Act, that the garnishment should be released in whole or in part on consideration of what is “just in all the circumstances”, nor have they raised the issue of hardship, abuse of process or that the order is unnecessary (Webster v. Webster 1979 CanLII 744 (BC CA), [1979] 12 B.C.L.R. 172).
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