• CASES

    Search by

Bains v Dadwal

Background:
Khuspal Singh Bains (Plaintiff) filed a claim against Jusjeet Singh Dadwal (Defendant) over an unpaid loan of $193,000, which was due on March 29, 2022. The defendant allegedly failed to repay the principal and contractual interest.

Legal Issues & Arguments:

  • The plaintiff sought to strike the defendant’s response to the civil claim under Supreme Court Civil Rule 22-7(5) and requested a default judgment of $188,000, plus interest of $153,869.61 (with a per diem rate of $125.14), and costs.

  • The defendant failed to provide full responses during examination for discovery, submit a proper list of documents, and comply with court orders.

  • The plaintiff previously applied for summary judgment, but it was denied due to unclear loan repayment terms.

  • The defendant, now represented by counsel, claimed any deficiencies could be remedied.

Court Rulings:

  • The court denied the plaintiff’s request to strike the defendant’s response but allowed a future application if noncompliance continued.

  • The defendant’s request to adjourn the trial was granted due to insufficient preparation time.

  • The defendant was ordered to make ongoing interest payments starting January 1, 2025.

Costs & Award:

  • The plaintiff was awarded costs at Scale B for the adjournment and applications. Financial terms were not specified.

  • If the defendant failed to make an interest payment, his response would be struck.

Khuspal Singh Bains
Law Firm / Organization
Hamilton Duncan Law Corporation
Lawyer(s)

Steven Shergill

Jusjeet Singh Dadwal
Law Firm / Organization
Not specified
Lawyer(s)

Peter Leask, K.C.

Supreme Court of British Columbia
S245441
Civil litigation
Not specified/Unspecified
Plaintiff