Victoria Drive Auto Sales Ltd. v. Cardinal Management Ltd.

Victoria Drive Auto Sales Ltd. v. Cardinal Management Ltd.

The appeal was not dismissed because the court could not conclude it was bound to fail or so lacking in merit as to prevent it from proceeding; accordingly the court exercised its discretion to grant an extension of time to perfect the appeal to the date service was effected (9 July 2007).

Source-derived case information.

Citation
2007 BCCA 460
Parties
Respondent (plaintiff): Victoria Drive Auto Sales Ltd.; Appellant (defendant): Cardinal Management Ltd.; Respondent (defendant by Counterclaim): Mortaza Devazehban also known as Mortaza Devazehban, Mortaza Darvazehban and Moreey Zeban; Respondent (defendant by Counterclaim): Frank Nguyen also known as Frank the Phug Nguyen
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
7 September 2007
Procedural Posture
Civil Appeal / Application to Dismiss Appeal for Failure to Serve Within Appeal Period and Application to Extend Time to Perfect the Appeal
Outcome
Application to dismiss the appeal dismissed; application to extend time to perfect the appeal granted.
Legal Topics
Extension of Time, Service of Process, Dismissal for Non Compliance, Security Deposit Dispute
Source Language
english
Civil Procedure Appeals Contract Law Extension of Time Service of Process Dismissal for Non Compliance Security Deposit Dispute

Source-derived case record

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Parties

Victoria Drive Auto Sales Ltd.

Respondent (plaintiff)

Cardinal Management Ltd.

Appellant (defendant)

Mortaza Devazehban also known as Mortaza Devazehban, Mortaza Darvazehban and Moreey Zeban

Respondent (defendant by Counterclaim)

Frank Nguyen also known as Frank the Phug Nguyen

Respondent (defendant by Counterclaim)

Procedural Posture

Civil Appeal / Application to Dismiss Appeal for Failure to Serve Within Appeal Period and Application to Extend Time to Perfect the Appeal

Legal Issues

  1. 1 Whether the appeal should be dismissed for failure to effect service within the appeal period
  2. 2 Whether the court should grant an extension of time to perfect the appeal to the date service was effected
  3. 3 Whether the appeal is bound to fail or so lacking in merit that it should not be permitted to proceed

Ratio Decidendi

The appeal was not dismissed because the court could not conclude it was bound to fail or so lacking in merit as to prevent it from proceeding; accordingly the court exercised its discretion to grant an extension of time to perfect the appeal to the date service was effected (9 July 2007).

Court Disposition

Application to dismiss the appeal dismissed; application to extend time to perfect the appeal granted.

Orders

  • Dismiss the respondent's application to dismiss the appeal for failure to effect service within the appeal period.
  • Grant the appellant an extension of time to perfect the appeal to 9 July 2007.