Wong v. Grewal, 2015 BCSC 2394

Rule 10-1 Preservation of Property – Legal Test – Requirement for a Specific Fund – Requirement for an “Arguable Case”

The Rule 10-1 Application by the Plaintiff sought to compel our clients to pay funds from a multimillion-dollar settlement into court. We were successful in having the application defeated. We successfully argued that the Plaintiffs did not meet any of the requirements for the Order they sought including establishing that “the claim did not establish a serious question to be tried” and was a “thinly veiled attempt to improperly obtain security before judgment”. We were also successful in obtaining an Order that the Plaintiff pay the costs of the application to our clients in any event of the cause. View Reasons for Judgment