Skrdla v. Lookman
- Citation
- 1999 BCCA 770
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 22 December 1999
- Posture
- Appeal / Application for Indigency Status (in Chambers)
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 22 December 1999
- Posture
- Appeal / Application for Indigency Status (in Chambers)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application for indigent status was dismissed because the court concluded the proposed appeal had no prospect of success; absence of reasonable prospect is fatal to granting indigent status for an appeal.
Court disposition
Application for indigency status dismissed; appeal has no prospect of success.
Orders
- Application for indigency status is dismissed.
02
Material facts
Parties
HANA SKRDLA
Appellant Counsel: H. SkrdlaTURAB LOOKMAN
Respondent Counsel: M. C. WongHENNING RAAMUSSEN
Respondent Counsel: M. C. WongVICTOR ELIAS
Respondent Counsel: M. C. WongDEREK NAYLOR
Respondent Counsel: M. C. WongJOHN M. NICHOLAS
Respondent Counsel: M. C. WongWAYNE FLINTOFF
Respondent Counsel: M. C. WongPAUL SULLIVAN
Respondent Counsel: M. C. WongROMA HARRIS
Respondent Counsel: M. C. WongPAUL DAVENPORT
Respondent Counsel: M. C. WongALAN WEEDON
Respondent Counsel: M. C. WongHELEN ROSS
Respondent Counsel: M. C. WongW.W. PEEL
Respondent Counsel: M. C. WongK. BAINES
Respondent Counsel: M. C. WongR. MERCER
Respondent Counsel: M. C. WongD. ROSNER
Respondent Counsel: M. C. WongR. SECCO
Respondent Counsel: M. C. WongLITTLE & JARRETT
Respondent Counsel: M. C. WongDEPARTMENT OF APPLIED MATHEMATICS
Respondent Counsel: M. C. WongSENATE
Respondent Counsel: M. C. WongFACULTY OF GRADUATE STUDIES
Respondent Counsel: M. C. WongBOARD OF GOVERNORS
Respondent Counsel: M. C. WongTHE UNIVERSITY OF WESTERN ONTARIO
Respondent Counsel: M. C. WongSTEPHEN M. JARRETT
Respondent Counsel: M. C. WongWILMA TER-VRUGT
Respondent Counsel: M. C. WongRICHARD TER-VRUGT
Respondent Counsel: M. C. WongCANADIAN FEDERATION OF UNIVERSITY WOMEN LONDON BRANCH
Respondent Counsel: M. C. WongAmounts and remedies
- Judgment Year: 1,999
03
Procedural history
Posture
Appeal / Application for Indigency Status (in Chambers)
04
Questions and positions
Legal issues
- 01
Whether the appeal has any prospect of success
- 02
Whether the applicant qualifies for indigent status to proceed with the appeal
- 03
Whether the order setting aside service ex juris should be disturbed
Party arguments
- Applicant
- Applicant sought indigent status to pursue an appeal of the order setting aside service ex juris and argued for leave to proceed without payment based on need and arguable grounds.
- Respondent
- Respondent opposed indigent status, submitting the appeal had no prospect of success and that the order setting aside service ex juris should stand.
05
Court’s reasoning
Legal principles
- 01
Reasons of the Court of Appeal (Rowles J.) and underlying decision of Melnick J. [1999] B.C.J. 1169 (S.C.B.C.)
Indigent status for an appeal is granted only where the appeal has a real prospect of success.
- 02
Reasons of the Court of Appeal (Rowles J.) and the decision under appeal [1999] B.C.J. 1169 (S.C.B.C.)
A trial judge's order setting aside service ex juris will not be disturbed on appeal absent a reasonable prospect of success on appeal.
06
Ratio, limits and disposition
Ratio decidendi
The application for indigent status was dismissed because the court concluded the proposed appeal had no prospect of success; absence of reasonable prospect is fatal to granting indigent status for an appeal.
Court disposition
Application for indigency status dismissed; appeal has no prospect of success.
- Application for indigency status is dismissed.
Source and reliance status
British Columbia Court of Appeal · 22 December 1999
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 22 December 1999
c99-0770.html Citation: Skrdla v. Lookman Date: 19991222 1999 BCCA 770 Docket: CA025832 Registry: Vancouver
COURT OF APPEAL FOR BRITISH COLUMBIA BETWEEN:
HANA SKRDLA
PLAINTIFF (APPELLANT) AND: TURAB LOOKMAN, HENNING RAAMUSSEN, VICTOR ELIAS, DEREK NAYLOR, JOHN M. NICHOLAS, WAYNE FLINTOFF, PAUL SULLIVAN, ROMA HARRIS, PAUL DAVENPORT, ALAN WEEDON, HELEN ROSS, W.W. PEEL, K. BAINES, R. MERCER, D. ROSNER, R. SECCO, LITTLE & JARRETT, DEPARTMENT OF APPLIED MATHEMATICS, SENATE, FACULTY OF GRADUATE STUDIES, BOARD OF GOVERNORS, THE UNIVERSITY OF WESTERN ONTARIO, STEPHEN M. JARRETT, WILMA TER-VRUGT, RICHARD TER-VRUGT,
CANADIAN FEDERATION OF UNIVERSITY WOMEN LONDON BRANCH
DEFENDANTS (RESPONDENTS) Before: The Honourable Madam Justice Rowles (In Chambers) H. Skrdla appearing on her own behalf by telephone conference call M. C. Wong Counsel for the Respondent Place and Date of Hearing: Vancouver, British Columbia December 15, 1999 Place and Date of Judgment: Vancouver, British Columbia December 22, 1999 Reasons for Judgment of the Honourable Madam Justice Rowles: [1] This is an application for indigent status in an appeal of an order made by Mr. Justice Melnick setting aside the service ex juris on the Ontario defendants. The reasons of Mr. Justice Melnick may be found at [1999] B.C.J. 1169 (Q.L.) (S.C.B.C.). [2] After considering the submissions made by the applicant, I have concluded that the appeal on the order has no prospect of success. [3] The application for indigency status is dismissed. "THE HONOURABLE MADAM JUSTICE ROWLES"
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