Gleason v. Mangat

The application for indigency was dismissed for want of prosecution because the appellants failed to file a sworn affidavit of earnings or other necessary materials to support indigency and an application for leave to appeal; consequently the temporary stay of possession was vacated.

Source-derived case information.

Citation: 2002 BCCA 350
Parties: Appellant/plaintiff: Doug Gleason; Appellant/plaintiff: Christine Gleason; Respondent/defendant: Raj Kamal Mangat; Respondent/defendant: Karmjit Mangat
Court: British Columbia Court of Appeal
Jurisdiction: Canada
Judgment Date: 9 May 2002
Procedural Posture: Appeal From Reinstatement of Arbitrator Order Under the Residential Tenancy Act / In Chambers Application for Indigency, Stay and Leave to Appeal
Outcome: Application for indigency dismissed for want of prosecution; stay of possession vacated.
Legal Topics: Indigency Application, Stay of Possession, Leave to Appeal, Vacation of Stay, Dismissal for Want of Prosecution
Source Language: english

Residential Tenancy Civil Procedure Legal Aid/indigency Appeal Indigency Application Stay of Possession Leave to Appeal Vacation of Stay +1 more

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Doug Gleason

Appellant/plaintiff

Christine Gleason

Appellant/plaintiff

Raj Kamal Mangat

Respondent/defendant

Karmjit Mangat

Respondent/defendant

Procedural Posture

Appeal From Reinstatement of Arbitrator Order Under the Residential Tenancy Act / In Chambers Application for Indigency, Stay and Leave to Appeal

Legal Issues

1 Whether the appellants established indigency sufficient to obtain legal aid or a stay
2 Whether the stay of possession should be continued or vacated for want of prosecution
3 Whether leave to appeal application materials were properly filed

Ratio Decidendi

Court Disposition

Application for indigency dismissed for want of prosecution; stay of possession vacated.

Orders

Application for indigency dismissed for want of prosecution.
Stay of the order of possession vacated.

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