W.(K.J.) v. W.(M.D.)

W.(K.J.) v. W.(M.D.)

The application for indigent status was dismissed because the appellant failed to show any real prospect of overturning the chambers judge's decision to grant a divorce; the allegations of fraud and bias were insufficient on the material before the court to establish error or a reasonable likelihood of success on...

Source-derived case information.

Citation
2003 BCCA 410
Parties
Respondent/plaintiff: K.J.W.; Appellant/defendant: M.D.W.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 January 2003
Procedural Posture
Family Law Appeal (divorce/nullity) / In Chambers Application for Indigent Status at Court of Appeal
Outcome
Application dismissed
Legal Topics
Divorce Vs Nullity, Fraud in Marriage, Indigent Status/legal Aid, Judicial Bias, Procedural Fairness
Source Language
english
Family Law Civil Procedure Access to Justice Divorce Vs Nullity Fraud in Marriage Indigent Status/legal Aid Judicial Bias Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

K.J.W.

Respondent/plaintiff

M.D.W.

Appellant/defendant

Procedural Posture

Family Law Appeal (divorce/nullity) / In Chambers Application for Indigent Status at Court of Appeal

Legal Issues

  1. 1 Whether the chambers judge erred in granting a divorce rather than declaring a nullity based on alleged fraudulent intent
  2. 2 Whether the appellant demonstrated a reasonable possibility of success on appeal for purposes of indigent status
  3. 3 Whether allegations of judicial bias and procedural unfairness justified setting aside the order

Ratio Decidendi

The application for indigent status was dismissed because the appellant failed to show any real prospect of overturning the chambers judge's decision to grant a divorce; the allegations of fraud and bias were insufficient on the material before the court to establish error or a reasonable likelihood of success on appeal.

Court Disposition

Application dismissed

Orders

  • Application for indigent status dismissed