Citation: Las Vegas Casino Inc. v. Starnet Communications International Inc. et al

Date: 19991104

1999 BCCA 662

Docket:

CA026439

Registry: Vancouver

COURT OF APPEAL FOR BRITISH COLUMBIA
ORAL REASONS FOR JUDGMENT
BEFORE THE HONOURABLE
Madam Justice Proudfoot

November 4, 1999
IN CHAMBERS

Vancouver, B.C.
BETWEEN:

LAS VEGAS CASINO INC.

PLAINTIFF
(APPELLANT)
AND:

STARNET COMMUNICATIONS INTERNATIONAL INC., SOFTEC SYTEMS CARIBBEAN INC., EFS CARIBBEAN INC., WORLD GAMING SERVICES INC., EFS USA INC., STARNET COMMUNICATIONS CANADA INC., MURRAY PARTNERS (BVI) INC., JOHN CARLEY, MARK DOHLEN, PAUL GILES, CHRISTOPHER ZACHARIAS, JASON KING, BENJAMIN WONG, MICHAEL HIEBERT, ADRIAN MILLER, CHAZ GREEN, DEREK FERGUSON, MARTIN GLAESER, COLIN FOX, KENNETH LELEK, THOR NEWMAN, LORNE HAMMOND, JAMES FILLMAN STEVEN LeCLAIR, BENJAMIN ERICKSON

and KENNETH WHITE

DEFENDANT
(RESPONDENTS)


 
E. Rice, Q.C.

appearing for the Appellant
L.T. Doust, Q.C. and W. Milman

appearing for the Respondents
Starnet Communications International
Inc. and Softec Sytems Caribbean Inc.
P.A. Gall and J. Legge

appearing for the Respondent
Starnet Communications Canada Inc.

(Applications for Leave to Appeal and Stay)


[1] PROUDFOOT, J.A.: This is an application for leave to appeal an order of Mr. Justice Williamson pronounced October 15, 1999 and for an order staying an order made by Mr. Justice Williamson setting aside a Mareva injunction put in place by Associate Chief Justice Dohm.

[2] I can see no error made by Mr. Justice Williamson in his applying the test of a strong prima facie case, and by deciding that there was no such strong prima facie case. The test is high because the remedy sought is a drastic type of remedy which calls for the Court to be cautious and the criteria has not been met. There is no cause for me to interfere with his discretion.

[3] I would dismiss the application substantially for the reasons given by Mr. Justice Williamson.

[4] Costs follow the event.



"The Honourable Madam Justice Proudfoot"