Dick v. Vancouver City Savings Credit Union

2020 BCSC 2237 Dick v. Vancouver City Savings Credit Union

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Dick v. Vancouver City Savings Credit Union, 2020 BCSC 2237 Date: 20200924 Docket: S89831 Registry: New Westminster Between: Rodney Daniel Dick and RD Backhoe Services Inc. Plaintiffs And Vancouver City Savings Credit Union, Justin Stubbs, Colin Grant, Citizens Bank of Canada, City of Port Coquitlam, Jeff Yip, Tony Chong, Surinder K. Hundal, Harinder S. Hundal, Ravi Panwar, Penny & Keenleyside Appraisals Ltd. Robert J. Simpson, Robert G. Erho, Corporation of the District of Maple Ridge, Macdonald Realtors-Ford Realty Ltd., Janet Diane Kirkpatrick, Dave Telep, Lisa Telep, Damax Consultants Ltd., David Laird, Canamera Appraisal Group Inc., Karen Reilly and Westminster Savings Credit Union Defendants Before: The Honourable Mr. Justice Groves Oral Ruling Re Application to Bring an Application to Set Aside an Injunction Appearing on his own behalf and on behalf of RD Backhoe Services Inc.: R.D. Dick Counsel for the Defendants, Vancouver City Savings Credit Union, Citizens Bank of Canada, Justin Stubbs and Colin Grant: G.E.H. Caman, QC Counsel for the City of Coquitlam: T. Hoogstraten Place and Date of Hearing: Vancouver, B.C. September 24, 2020 Place and Date of Ruling: Vancouver, B.C. September 24, 2020 [1] THE COURT: Mr. Dick is bound by the provisions of my order of August 23, 2019. It was an ex parte application, and it is an

application which was essentially a a cease and desist order, or an injunction, prohibiting him from doing further work on property. [2] From the materials that I have seen, Mr. Dick appears to want to set aside the injunction granted on August 23, 2019. Despite there being an order that he is a vexatious litigant, he is entitled to bring on that application. That application should properly be set when the City of Coquitlam set the actual petition for hearing. Just for the sake of clarity, because there are a number of petitions in this matter, I am talking about Action No. S199322. [3] I am going to grant Mr. Dick liberty to file an application to set aside my order of August 23, 2019. I am going to direct that Ms. Hoogstraten, on behalf of the City, is to find an appropriate one‑day hearing in front of me and is to advise Mr. Dick of that date as soon as she has it. Mr. Dick's application to set aside my injunction on that matter will be heard on that date. [4] MS. HOOGSTRATEN: Oh, My Lord, may I just clarify? [5] THE COURT: Yes. [6] MS. HOOGSTRATEN: Quickly. Would you be hearing ‑‑ you would want it heard alongside ‑‑ [7] THE COURT: Yes, that is correct. [8] MS. HOOGSTRATEN: Thank you. And then just with respect to the content of the application that he is permitted leave to file, I note in the proposed application, I mean, there is no draft application, but the ‑‑ a number

of items of relief are sought in addition to setting aside your order. The it possible to clarify ‑‑ [9] THE COURT: He is entitled to apply to set aside my order. He is entitled to respond to your petition. Those are the only issues before the court. [10] MS. HOOGSTRATEN: Okay ‑‑ [11] MR. DICK: No. No, the other ‑‑ the issue is ‑‑ [12] THE COURT: Sir, I am speaking. Please be quiet. [13] MR. DICK: Okay. [14] THE COURT: Secondly, there is another action before the court in which Mr. Dick has filed a binder. The action is Vancouver City Savings Credit Union versus RD Backhoe Services Inc. and Rodney Daniel Dick. I believe this action number is H981128 ‑‑ [15] MR. DICK: No. [16] THE COURT: ‑‑ it is the Vancouver Registry action. Do I have that ‑‑ oh, no, it is not ‑‑ [17] MR. DICK: 89831, but the H98128 is the cause of the all the problems. [18] THE COURT: Sir. [19] MR. DICK: I never appealed that decision. [20] THE COURT: Now, sir ‑‑ sir, I am ‑‑ [21] MR. DICK: I was never ‑‑ [22] THE COURT: Sir, again, I am speaking. Mr. Cadman, this is the New West action. I am sorry, is it S89831? [23] MR. CADMAN: That's correct, My Lord. [24] THE COURT: Okay. All right. [25] My reasons on the matter of Rodney Daniel Dick RD Backhoe Services Inc. and Vancouver savings credit union. It is a New Westminster action. This action has its origins in seemingly ancient history. It was originally

before me when I was a master. An order was made in 2005. [26] This application which Mr. Dick wants to bring on is an application, in my view, that has been litigated before this court on numerous occasions. He is wanting to set aside my order of 2005. He had that opportunity before Justice Crawford. He seems to have that had that opportunity before Madam Justice Gray in some fashion. He has had that opportunity in front of Mr. Justice Voith, and seems to have had that opportunity before Madam Justice Devlin most recently. I have reviewed her reasons prior to this matter, those are reasons I believe of July 22, 2016. [27] Every judge who has heard this matter has come to the same conclusion, that the matter had been litigated fully, that Mr. Dick has had his opportunity in court. He has been unsuccessful. He seems simply to be bringing on matters which already have clearly been dealt with by this court. [28] As Mr. Justice Voith is quoted in Madam Justice Devlin's reasons, I confirm what he says. He says: This application is without merit. It has no prospect of success. The issues which Mr. Dick seeks to revisit or re‑argue have been determined and are res judicata. This is so whether they are raised in a separate action or by way of motion in the existing proceeding. In either instance, the constituent requirements of a res judicata are established. [29] Simply put, Mr. Dick

has had an opportunity to argue this matter numerous times. He has been unsuccessful. The Supreme Court Civil Rules and the principles of access to justice do not allow people to continually litigate matters which have already been resolved. Mr. Dick's application in regards to this Vancouver City Savings Credit Union matter and the application I think to bring on is dismissed. [30] Costs to Vancouver City Savings Credit Union. "J.R. Groves J." GROVES J.