Zanetti v. Bonniehon Enterprises Ltd.

Zanetti v. Bonniehon Enterprises Ltd.

The proposed appeal lacked merit because the Chief Justice did not err in exercising his discretion to order $15,000 security for costs and there was no evidentiary basis for a bias allegation; applicants showed no bona fide intention to appeal within the time limit and their delay, coupled with lack of merit,...

Source-derived case information.

Citation
2004 BCCA 184
Parties
Appellant (plaintiff): Gina Zanetti; Appellant (plaintiff): Tina Zanetti; Respondent (defendant): Bonniehon Enterprises Ltd.; Respondent (defendant): Bonniehon Management Inc.; Respondent (defendant): Paul H. Cody; Respondent (defendant): Andrew James Baillargeon
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
31 March 2004
Procedural Posture
Civil Appeal (interlocutory Security for Costs Arising From Defamation/malicious Prosecution Claims) / Application for Indigent Status and Extension of Time to Appeal Interlocutory Orders Re Security for Costs
Outcome
Applications dismissed.
Legal Topics
Indigent Status, Extension of Time to Appeal, Security for Costs, Judicial Discretion, Allegation of Bias, Interlocutory Orders
Source Language
english
Civil Procedure Appeal Defamation Security for Costs Civil Litigation Indigent Status Extension of Time to Appeal Judicial Discretion +2 more

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Parties

Gina Zanetti

Appellant (plaintiff)

Tina Zanetti

Appellant (plaintiff)

Bonniehon Enterprises Ltd.

Respondent (defendant)

Bonniehon Management Inc.

Respondent (defendant)

Paul H. Cody

Respondent (defendant)

Andrew James Baillargeon

Respondent (defendant)

Procedural Posture

Civil Appeal (interlocutory Security for Costs Arising From Defamation/malicious Prosecution Claims) / Application for Indigent Status and Extension of Time to Appeal Interlocutory Orders Re Security for Costs

Legal Issues

  1. 1 Whether applicants qualify for indigent status to pursue an appeal
  2. 2 Whether extension of time to file a Notice of Appeal should be granted
  3. 3 Whether the Chief Justice erred in ordering security for costs

Ratio Decidendi

The proposed appeal lacked merit because the Chief Justice did not err in exercising his discretion to order $15,000 security for costs and there was no evidentiary basis for a bias allegation; applicants showed no bona fide intention to appeal within the time limit and their delay, coupled with lack of merit, defeats an extension of time. Accordingly both the indigent status application and the extension application were dismissed.

Court Disposition

Applications dismissed.

Orders

  • Application for indigent status dismissed
  • Application for extension of time to file a Notice of Appeal denied