Chen v. Nip

Chen v. Nip

Appellant deliberately failed to obtain and file a required transcript despite being on notice; the delay in prosecuting the appeal was inordinate, the appeal lacked discernible merit, and continuation would prejudice the respondent; therefore interests of justice do not support extending time or dispensing with the transcript requirement and the appeal must be dismissed as abandoned.

Citation
2022 BCCA 101
Parties
Respondent (claimant): Margaret Ying Ting Chen; Appellant (respondent): Leslie Horn Nip
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
17 March 2022
Procedural Posture
Appeal (family Law) / Chambers Application to Remove Appeal From Inactive List and Cross Application to Dismiss as Abandoned
Outcome
Appeal dismissed as abandoned
Legal Topics
Transcript Requirements, Abandonment of Appeal, Inactive List, Extension of Time, Certificate of Readiness, Delay and Prejudice
Source Language
English
Family Law Civil Procedure Appellate Practice Transcript Requirements Abandonment of Appeal Inactive List Extension of Time Certificate of Readiness +1 more

Case Brief

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Parties

Margaret Ying Ting Chen

Respondent (claimant)

Leslie Horn Nip

Appellant (respondent)

Procedural Posture

Appeal (family Law) / Chambers Application to Remove Appeal From Inactive List and Cross Application to Dismiss as Abandoned

Legal Issues

  1. 1 Whether appellant complied with Rule 20 requirement to obtain and file trial transcript
  2. 2 Whether a certificate of readiness can be filed absent a transcript under Rule 28
  3. 3 Whether the appeal should be dismissed as abandoned under s.25(1) given delay and failure to perfect

Ratio Decidendi

Appellant deliberately failed to obtain and file a required transcript despite being on notice; the delay in prosecuting the appeal was inordinate, the appeal lacked discernible merit, and continuation would prejudice the respondent; therefore interests of justice do not support extending time or dispensing with the transcript requirement and the appeal must be dismissed as abandoned.

Court Disposition

Appeal dismissed as abandoned

Orders

  • Appeal dismissed as abandoned
  • Application to remove appeal from inactive list granted insofar as appeal reinstated to determine transcript issue but dismissed on merits as abandoned