Dick v. Vancouver City Savings Credit Union
The appeal was dismissed because the appellants' application was an attempt to relitigate settled foreclosure proceedings from 1999 and was without merit, being barred by the finality principles (res judicata/abuse of process); accordingly the dismissal by the chambers judge was upheld and costs awarded.
Source-derived case information.
- Citation
- 2017 BCCA 140
- Parties
- Appellant (plaintiff): Rodney Daniel Dick; Appellant (plaintiff): RD Backhoe Services Inc.; Respondent (defendant): Vancouver City Savings Credit Union
- Court
- British Columbia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2017
- Procedural Posture
- Appeal / Oral Reasons for Judgment on Appeal From Supreme Court of British Columbia Order Dated July 22, 2016
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Foreclosure, Res Judicata, Abuse of Process, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodney Daniel Dick
Appellant (plaintiff)
RD Backhoe Services Inc.
Appellant (plaintiff)
Vancouver City Savings Credit Union
Respondent (defendant)
Procedural Posture
Appeal / Oral Reasons for Judgment on Appeal From Supreme Court of British Columbia Order Dated July 22, 2016
Legal Issues
- 1 Whether the appellants could re-litigate and set aside a 1999 order nisi of foreclosure
- 2 Whether the appellants' claim for in excess of $40 million could proceed despite prior foreclosure and related proceedings
- 3 Whether the application constituted an abuse of process or was barred by finality/res judicata
Ratio Decidendi
The appeal was dismissed because the appellants' application was an attempt to relitigate settled foreclosure proceedings from 1999 and was without merit, being barred by the finality principles (res judicata/abuse of process); accordingly the dismissal by the chambers judge was upheld and costs awarded.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
- Requirement that the appellants sign the formal order is dispensed with
Full Case Text
Judgment text and source record
1 paragraphs
2017 BCCA 140 Dick v. Vancouver City Savings Credit Union COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Dick v. Vancouver City Savings Credit Union , 2017 BCCA 140 Date: 20170323 Docket: CA43861 Between: Rodney Daniel Dick and RD Backhoe Services Inc. Appellants (Plaintiffs) And Vancouver City Savings Credit Union Respondent (Defendant) Before: The Honourable Mr. Justice Frankel The Honourable Mr. Justice Harris The Honourable Mr. Justice Goepel On appeal from: An order of Supreme Court of British Columbia dated July 22, 2016 (Dick v. Vancouver City Savings Credit Union, New Westminster Docket S89831). Oral Reasons for Judgment Acting on his own behalf and on behalf of RD Backhoe Services Inc. R.D. Dick Counsel for the Respondent: R.R. Veerapen. Place and Date of Hearing: Vancouver, British Columbia March 23, 2017 Place and Date of Judgment: Vancouver, British Columbia March 23, 2017 Summary: Appeal from the dismissal of an application to re-litigate foreclosure proceedings that took place in 1999. Held: Appeal dismissed. [1] FRANKEL J.A.: The appellants appeal from an order made by Madam Justice Devlin of the Supreme Court of British Columbia dismissing their application seeking to set aside an order nisi of foreclosure that resulted in their lands being sold in 1999. The appellants also sought damages in excess of $40 million. The application was the latest in the appellants' repeated and unsuccessful efforts to re-litigate the foreclosure proceedings. [2] We are all agreed there is no merit in this appeal and it is dismissed with costs, substantially for the reasons given by the chambers judge. [3] The requirement that the appellants sign the formal order is dispensed with. "The Honourable Mr. Justice Frankel"