Johnson v Diverse Truck & Equipment Inc et al, BCSC 2024 1787
Alexandra Severn acted as counsel for the defendant, Diverse Truck & Equipment Inc, in an action brought by the plaintiff, George Johnson, which was determined by way of summary trial. The court was tasked with determining who the true owner of a skidsteer was.
Through the Alberta court system, Diverse was awarded a judgment for unpaid accounts against Effin Trucking Ltd, a company that was owned by Wesley and Dorrie Johnson. Despite the judgment, Effin did not pay the amounts owed to Diverse, which resulted in Diverse electing to engage in collection procedures, utilizing the services of a bailiff to seize and auction Effin’s property to pay for the money owed. When the bailiff was seizing the skidsteer, Dorrie alleged that it no longer belonged to Effin, that Effin sold it to Wesley, Wesley then used it as collateral for a loan given to him by his father, George, which Wesley failed to pay, and, as a result, the skidsteer belonged to George.
Alexandra argued it was clear that the allegations regarding the transfers of ownership was a sham, confabulated in an effort to deprive Diverse from collecting money owed by Effin, and that George did not meet his burden of proof to support his claim. Madam Justice Donegan agreed with Alexandra’s arguments, finding that the skidsteer did not belong to George when it was seized; rather, it was still owned by Effin, and, therefore, properly seized by Diverse. Madam Justice Donegan further ordered George to pay costs to Diverse.
