Dunne v. Gauthier
(2000 BCSC 1603) B.C.S.C
The plaintiff, David Dunne, was a school-bus driver who drove the four children of the defendant, David Gauthier. One November morning in 1996, the children boarded the bus. One child told Dunne that they would not be taking the bus home. However, at the end of the day, three of the four children caught the bus. Dunne didn't ask about the fourth child, a six year-old boy, nor did the Gauthier children say anything about their brother. About 60 children were on the bus ride home.
Shortly after school dismissal, Gauthier heard a recorded phone message from his young son, upset about missing the bus. The father then phoned the school and said he'd break both of the driver's legs if his son was not on the but when it got home. The school arranged for a ride home for the boy and called the boy's home with the news. When the bus arrived at the Gauthier home, however, the defendant entered the bus, tore the telephone from Dunne's hand, and threw it out the bus door. Then, Gauthier put his arm around Dunne's neck, twisted it, and forced the driver down while he was still strapped in his seat belt. Fifteen children were still on the school bus and witnessed the attack.
As Gauthier left the bus, he told Dunne that if he ever saw him on the road, he would "take" him and the bus "out." He sued the father for personal injuries, psychological and emotional problems, and depression, and was awarded $10 000 general damages, $5000 aggravated damages, $3425 for lost wages, and $1600 special damages.
How does the court enforce a judgement? Who paid the cost of the court procedures?
The plaintiff, David Dunne, was a school-bus driver who drove the four children of the defendant, David Gauthier. One November morning in 1996, the children boarded the bus. One child told Dunne that they would not be taking the bus home. However, at the end of the day, three of the four children caught the bus. Dunne didn't ask about the fourth child, a six year-old boy, nor did the Gauthier children say anything about their brother. About 60 children were on the bus ride home.
Shortly after school dismissal, Gauthier heard a recorded phone message from his young son, upset about missing the bus. The father then phoned the school and said he'd break both of the driver's legs if his son was not on the but when it got home. The school arranged for a ride home for the boy and called the boy's home with the news. When the bus arrived at the Gauthier home, however, the defendant entered the bus, tore the telephone from Dunne's hand, and threw it out the bus door. Then, Gauthier put his arm around Dunne's neck, twisted it, and forced the driver down while he was still strapped in his seat belt. Fifteen children were still on the school bus and witnessed the attack.
As Gauthier left the bus, he told Dunne that if he ever saw him on the road, he would "take" him and the bus "out." He sued the father for personal injuries, psychological and emotional problems, and depression, and was awarded $10 000 general damages, $5000 aggravated damages, $3425 for lost wages, and $1600 special damages.
How does the court enforce a judgement? Who paid the cost of the court procedures?
Enforcing a Judgement
In a civil case, it is up to the successful party to collect on the judgement. THe court has no responsibility to ensure that the losing party pays the damages. The loser may have little or no money or may be reluctant to pay. So, being awarded a judgement is one thing; collecting on it is another.
However, the plaintiff has a few options to enforce payments within Canada.
However, the plaintiff has a few options to enforce payments within Canada.
- Garnish Wages
- Seizing Assets
- Examination of the Debtor
Garnishment is a remedy that involves a third party. If the losing defendant is owed money by a third party, the successful plaintiff can obtain a court order forcing the third party to pay the debt to the court.
Seizing Assets is another option, by applying to the courts to take legal possession of the debtor's property and sell it to settle the judgement. The bailiff or sheriff seizes the assets and notifies the defendant of the seizure. The assets are held for a certain period, to give the defendant an opportunity to settle their debt. If this is not done, the goods are sold at public auction to cover the debts.
Examination of the debtor is a request by the plaintiff if the defendant refuses to pay. The defendant can be ordered to appear in court to satisfy the judge that they have the available resources to settle the claim. The debtor is examined under oath regarding income, assets, and any money they might have. The court will then arrange for the debtor to pay the plaintiff in installments.
Seizing Assets is another option, by applying to the courts to take legal possession of the debtor's property and sell it to settle the judgement. The bailiff or sheriff seizes the assets and notifies the defendant of the seizure. The assets are held for a certain period, to give the defendant an opportunity to settle their debt. If this is not done, the goods are sold at public auction to cover the debts.
Examination of the debtor is a request by the plaintiff if the defendant refuses to pay. The defendant can be ordered to appear in court to satisfy the judge that they have the available resources to settle the claim. The debtor is examined under oath regarding income, assets, and any money they might have. The court will then arrange for the debtor to pay the plaintiff in installments.