Dhillon v. Dhillon

Dhillon v. Dhillon

Although the Court of Appeal Act confers broad incidental powers that could permit dispensing with a transcript, the application was refused because the proper resolution of the appeal would require consideration of all the evidence and the transcript was therefore necessary.

Citation
2005 BCCA 529
Parties
Respondent/plaintiff: Gurmej Singh Dhillon; Appellant/defendant: Nasib Kaur Dhillon; Appellant/defendant: Manohar Singh Dhillon
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
1 November 2005
Procedural Posture
Appeal / Interlocutory Application to Dispense With Filing Transcript
Outcome
Application refused; appellants must comply with Court of Appeal Rule 20(1).
Legal Topics
Transcripts, Court of Appeal Rules, Discretion to Dispense With Procedural Requirements, Service of Process Evidence
Source Language
English
Appeal Evidence Civil Procedure Transcripts Court of Appeal Rules Discretion to Dispense With Procedural Requirements Service of Process Evidence

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Parties

Gurmej Singh Dhillon

Respondent/plaintiff

Nasib Kaur Dhillon

Appellant/defendant

Manohar Singh Dhillon

Appellant/defendant

Procedural Posture

Appeal / Interlocutory Application to Dispense With Filing Transcript

Legal Issues

  1. 1 Whether a justice of the Court of Appeal may dispense with the requirement to file a transcript under Court of Appeal Rule 20(1)
  2. 2 Whether the appellant's ground of appeal is a discrete question of law not requiring the full transcript
  3. 3 Whether the transcript is necessary because the trial judge's credibility findings provide essential context to the evidentiary ruling

Ratio Decidendi

Although the Court of Appeal Act confers broad incidental powers that could permit dispensing with a transcript, the application was refused because the proper resolution of the appeal would require consideration of all the evidence and the transcript was therefore necessary.

Court Disposition

Application refused; appellants must comply with Court of Appeal Rule 20(1).

Orders

  • Application to dispense with filing the trial transcript is refused.
  • Appellants, if they propose to proceed with the appeal, must obtain, file and serve the transcript in accordance with Court of Appeal Rule 20(1).