IN THE SUPREME COURT OF BRITISH COLUMBIA

Citation:	Mangat v. Mangat,
	2008 BCSC 579

Date: 20080226
Docket: E062244
Registry: Vancouver

Between:

Rajinder Kaur Mangat

Plaintiff

And:

Iqbal Singh Mangat

Defendant

Before: The Honourable Mr. Justice Slade

Oral Reasons for Judgment

In Chambers
February 26, 2008

Counsel for the Plaintiff	F.C.M. Lowther
Counsel for the Defendant	G. Pyper
Place of Hearing:	Vancouver, B.C.

[1]                THE COURT:  There will be an order fixing the lump sum amount that represents half of the income available to the defendant between the period May 2005 to February 2007 in the sum of $33,000.  Now, that puts this part of this story behind us.

[2]                Now, what I am going to suggest to counsel is that we reconvene this after, but for the purpose of a judicial settlement conference.  It seems to me that the parties should be striving for resolution of this that does not require further protracted and costly proceedings in court.

[3]                MR. LOWTHER:  My Lord, I hesitate to interrupt at this point, but I think it best I do, and that that -- I’ll put it to you this way.  I’d be happy to talk to my clients and consider the --

[4]                THE COURT:  Yes.

[5]                MR. LOWTHER:  -- settlement conference idea, but if that were to occur, regrettably, I would have to say it ought not be before Your Lordship.  You have adjudicated this matter --

[6]                THE COURT:  Oh, I am going to unseize myself.

[7]                MR. LOWTHER:  Well, and that’s fine, you can do that, of course, and that means in terms of attempting to, let’s say earlier on you’d said, “Well, there’s still the option or possibility, if you determine so, Mr. Lowther, of pursuing this further down the 18A road,” if you -- then the question is if I were to determine that -- that that’s appropriate, would that not be before Your Lordship or would we be, you know --

[8]                THE COURT:  No.

[9]                MR. LOWTHER:  -- starting new with another judge?

[10]            THE COURT:  Oh, you will be starting with another judge.

[11]            MR. LOWTHER:  So you’re, in effect, saying you’ve just about had enough, so speak?

[12]            THE COURT:  Well, I would not put it that way, but that is the effect of it.  I think that whether the remaining issues are determined by way of summary trial down the road a bit or by way of a full trial starting July 17 or on some other date, the reality is that with my commitments between now and then --

[13]            MR. LOWTHER:  All right.

[14]            THE COURT:  -- I will not be available in any case.

[15]            MR. LOWTHER:  All right.

[16]            THE COURT:  So what I am suggesting is we sit around a table and try to get as much out on the table as we can and see if a sensible resolution of this presents itself.

[17]            MR. LOWTHER:  But my friend may have a view that either is appropriate or isn’t appropriate.  I would like a minute to talk to my clients about it, but --

[18]            THE COURT:  Well, of course.

[19]            MR. LOWTHER:  -- I would say this, that if we do that and you not only unseize yourself, so to speak, but also become a settlement conference judge, then no further contested applications can be brought before you.

[20]            THE COURT:  That is right.

[21]            MR. PYPER:  My Lord, just to get back to this order that My Lord has just made, we have to determine when that is payable because My Lord will recall that I advised the court that my -- his investments are still frozen.  He has no access to them.

[22]            THE COURT:  Oh, this figure --

[23]            MR. LOWTHER:  Well, I would like to be heard on that if there’s going to be an argument.

[24]            THE COURT:  Well, it is completely unrealistic, given the presence of these many other issues and a lock being put on access to capital, to expect Mr. Mangat to come up with this amount until the issues are determined.  I just do not see that being a viable possibility.

[25]            MR. LOWTHER:  Well, if that’s your view, My Lord, then -- although I might try to argue it, I know that when My Lord forms a view, it’s sometimes possible to persuade you otherwise, but sometimes not --

[26]            THE COURT:  Well, you persuaded me to go ahead with this part of it and we have resolved it.

[27]            MR. LOWTHER:  But if that’s the case, that’s the case, and there are ultimately going to be sources from which it can be paid and so essentially it’s a suspension of obligation to pay until capital is released, essentially, is what it comes down to.

[28]            THE COURT:  And there is a claim for reapportionment.

[29]            MR. LOWTHER:  Well, that’s another matter.  This is this and the reapportionment is that.

[30]            THE COURT:  There is a claim for $85,000 that is said to have been promised by Mr. Mangat.

[31]            MR. LOWTHER:  Yes, those are distinct issues from our point of view.

[32]            THE COURT:  There is money, but --

[33]            MR. LOWTHER:  Maybe we’d best save it --

[34]            THE COURT:  -- how much money at this point --

[35]            MR. LOWTHER: -- for a settlement conference as opposed to -- you’ve made it clear that the obligation to pay the $32, 000 -- $33, 000 --

[36]            THE COURT:  $33,000.

[37]            MR. LOWTHER:  -- is suspended pending release of capital.

[38]            THE COURT:  Yes, and --

[39]            MR. LOWTHER:  And that’s fine.  That’s the way it is.

[40]            THE COURT:  -- and that could come from any one of a number of sources, and let us explore that.  Actually, the way I will leave it is you are at liberty to apply, Mr. Lowther, for an order for payment, but the default is that absence such an order, it will have to await a determination of the issues more generally.  So I am going to leave you with liberty to apply, Mr. Lowther.

[41]            MR. LOWTHER:  I understand.

[42]            THE COURT:  And if one or both parties consider that a judicial settlement conference is not of any interest, I am not going to force anybody into it.  Let us just put it this way.  I am available at two o’clock for that purpose if the parties wish to avail themselves of that as an opportunity.

[43]            MR. LOWTHER:  Could I say -- put it this way, then, if it was not today and we decided we wanted to have such a conference on another occasion and could arrange it through the registry?

[44]            THE COURT:  That would be fine with me.  That would be just fine and I appreciate that both of you may have work to do to prepare for a judicial settlement conference.

[45]            MR. LOWTHER:  That’s true.

[46]            THE COURT:  And I would be very pleased to preside, you know, subject to scheduling, and for the parties, you are both here.  What I am saying is I can see this lawsuit continuing and it being a very costly enterprise for both of you.  I know your lawyers, their mission is not to litigate this to the bitter end.  Their mission is to effect a fair resolution in accordance with the law that gives both of you the certainty that you need and you deserve, and I think a judicial settlement conference would require each of you to dedicate some of your resources to preparation for that and attendance at a judicial settlement conference, but if you are able to resolve it with my assistance, and keep in mind that I have been with this matter for a while so I know the history of it, then you are so much further ahead.

[47]            The other thing to consider is that if you are able to agree, you will feel better about the resolution than if it is left to one of my colleagues, after a trial and after you have spent a lot of money, to tell you how it is going to be.  So I would like to see that happen and I appreciate that this afternoon may not be the time for it, although I am willing if you decide that that is something you would like to try on.  We could even get a start and put the balance over to another day, or if one or both of you decide no, not today, that is fine, but I will be available should you wish my attendance at a judicial settlement conference in the future.

[48]            MR. LOWTHER:  Perhaps we could just speak to our clients and then we’ll advise Madam Clerk.

[49]            THE COURT:  Sure, that would be great.

[SUBMISSIONS RE COSTS]

[50]            THE COURT:  I do not need to hear further.  There will be an award of costs in favour of the plaintiff in relation to the proceeding to determine the lump-sum amount in the sum of $1,000.

“H.A. Slade J.”
The Honourable Mr. Justice H.A. Slade

CORRIGENDUM

[51]            Upon further consideration I have determined that there should not have been an order for costs against the plaintiff.  My order as pronounced is vacated.  Costs will be in the cause.