What is the test for establishing a cause of action in a garnishee application?
British Columbia, Canada
The following excerpt is from Flintstone Concrete v. Peace River, 2003 BCSC 1137 (CanLII):
The court then went on to cite from the judgment of Allen, C.J. in Whittimore v. Herbert (1878) 18 N.B.R. 361: ... beyond question the cause of action must be stated in the affidavit used on an application for a garnishee order … with sufficient particularity to enable the judge to decide, intelligently, whether it is such a one as is provided for in the Attachment Act and with such certainty as would subject the plaintiff to an indictment for perjury if the statement of it should be untrue.
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