Is there any evidence that a garnishment order is unnecessary, an abuse of process or that it creates undue hardship?

British Columbia, Canada


The following excerpt is from First Ave. Reserach Corp. v. Donar Chem. Ltd., 1987 CanLII 2687 (BC SC):

Here no evidence was presented by the defendants to show that the order is unnecessary, an abuse of process or that it creates an undue hardship. In Webster v. Webster it was clear that both parties had assets from which judgments could be satisfied. I have no idea from the material what the assets of the defendants are nor that they are suffering undue hardship as a result of the garnishment. There is undoubtedly the hardship of their money being garnished, as is the case with every garnishing order.

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