Schoeber (Re)

Schoeber (Re)

The petition was dismissed because it lacked any legal validity, constituted OPCA litigation that could not be cured by amendment, and raised concerns about improper notarization that warranted referral to professional regulators.

Citation
2018 BCSC 1528
Parties
Petitioner: Rodger Andreas Schoeber
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 April 2018
Procedural Posture
Petition (supreme Court of British Columbia) / In Chambers Hearing Petition Dismissed
Outcome
Petition dismissed; court to retain the petition file and refer matters to regulators.
Legal Topics
Constructive Trust, Equitable Tracing, OPCA (organized Pseudolegal Commercial Arguments) Litigation, Frivolous and Vexatious Litigation
Source Language
English
Equity Estate Administration Civil Procedure Professional Regulation Constructive Trust Equitable Tracing OPCA (organized Pseudolegal Commercial Arguments) Litigation Frivolous and Vexatious Litigation

Case Brief

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Parties

Rodger Andreas Schoeber

Petitioner

Procedural Posture

Petition (supreme Court of British Columbia) / In Chambers Hearing Petition Dismissed

Legal Issues

  1. 1 Whether the petition seeking declaration of sole party in interest and remedies in equity has legal validity
  2. 2 Whether the petition constitutes OPCA litigation and is incurable by amendment
  3. 3 Whether notaries public improperly lent legitimacy to the documents by notarization

Ratio Decidendi

The petition was dismissed because it lacked any legal validity, constituted OPCA litigation that could not be cured by amendment, and raised concerns about improper notarization that warranted referral to professional regulators.

Court Disposition

Petition dismissed; court to retain the petition file and refer matters to regulators.

Orders

  • Petition dismissed
  • Court will retain the petition file