Calf v. British Columbia Securities Commission

Calf v. British Columbia Securities Commission

Application for indigent status was refused because the Court must defer to the Commission's factual findings and, on review of the Commission's reasons, the likelihood of success on appeal was extremely low.

Citation
2000 BCCA 64
Parties
Plaintiff (appellant): Maurice John Calf; Defendant (respondent): British Columbia Securities Commission
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
27 January 2000
Procedural Posture
Appeal From Administrative Tribunal Decision / Application for Indigent Status in Connection With Leave to Appeal
Outcome
Application for indigent status refused
Legal Topics
Indigent Status, Standard of Review, Deference to Administrative Findings, Procedural Fairness, Likelihood of Success
Source Language
English
Securities Law Administrative Law Civil Procedure Indigent Status Standard of Review Deference to Administrative Findings Procedural Fairness Likelihood of Success

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Parties

Maurice John Calf

Plaintiff (appellant)

British Columbia Securities Commission

Defendant (respondent)

Procedural Posture

Appeal From Administrative Tribunal Decision / Application for Indigent Status in Connection With Leave to Appeal

Legal Issues

  1. 1 Whether indigent status should be granted for an appeal from the British Columbia Securities Commission
  2. 2 Whether the Commission erred in its factual findings or in handling witness appearance and documentary evidence
  3. 3 What standard of review and degree of deference is owed to the Commission's factual findings

Ratio Decidendi

Application for indigent status was refused because the Court must defer to the Commission's factual findings and, on review of the Commission's reasons, the likelihood of success on appeal was extremely low.

Court Disposition

Application for indigent status refused

Orders

  • Application for indigent status refused