Kapelus v. U.B.C.

Kapelus v. U.B.C.

Delivery of the appointment and supporting materials by registered mail and by insertion into the residential mail slot satisfied the Rules' requirement of delivery to a party acting in person; proof of delivery, not proof of actual receipt, is required, therefore there was adequate notice and the application to set aside the registrar's certificate of costs was refused.

Citation
2000 BCCA 564
Parties
Plaintiff/appellant: Jeannine M. Kapelus; Defendant/respondent: University of British Columbia; Defendant/respondent: Technexus International Corp.; Defendant/respondent: Dr. J. Keith Brimacombe
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
19 October 2000
Procedural Posture
Costs Assessment Appeal / Application Under S.10(3) of the Court of Appeal Act to Set Aside Registrar's Certificate of Costs
Outcome
Application to set aside registrar's certificate of costs refused
Legal Topics
Service of Documents, Delivery by Mail Slot, Pro Se Representation, Court of Appeal Costs Assessment
Source Language
English
Civil Procedure Appeal Costs Service of Documents Delivery by Mail Slot Pro Se Representation Court of Appeal Costs Assessment

Case Brief

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Parties

Jeannine M. Kapelus

Plaintiff/appellant

University of British Columbia

Defendant/respondent

Technexus International Corp.

Defendant/respondent

Dr. J. Keith Brimacombe

Defendant/respondent

Procedural Posture

Costs Assessment Appeal / Application Under S.10(3) of the Court of Appeal Act to Set Aside Registrar's Certificate of Costs

Legal Issues

  1. 1 Whether the registrar's certificate of costs should be set aside
  2. 2 Whether delivery to a residential address by registered mail and insertion into a mail slot satisfies the delivery requirement of Court of Appeal Rules for a party acting in person
  3. 3 Whether proof of delivery requires proof of actual receipt

Ratio Decidendi

Delivery of the appointment and supporting materials by registered mail and by insertion into the residential mail slot satisfied the Rules' requirement of delivery to a party acting in person; proof of delivery, not proof of actual receipt, is required, therefore there was adequate notice and the application to set aside the registrar's certificate of costs was refused.

Court Disposition

Application to set aside registrar's certificate of costs refused

Orders

  • Application to set aside the registrar's certificate of costs dated 25 July 2000 dismissed
  • Registrar's certificate of costs dated 25 July 2000 allowing costs in the amount of $7,432.03 upheld