Canada Judgment

British Columbia Court of Appeal

Skrdla v. Lookman

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Professional case brief

Research organized from the available case record

Source document

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. Skrdla

TURAB LOOKMAN

Respondent Counsel: M. C. Wong

HENNING RAAMUSSEN

Respondent Counsel: M. C. Wong

VICTOR ELIAS

Respondent Counsel: M. C. Wong

DEREK NAYLOR

Respondent Counsel: M. C. Wong

JOHN M. NICHOLAS

Respondent Counsel: M. C. Wong

WAYNE FLINTOFF

Respondent Counsel: M. C. Wong

PAUL SULLIVAN

Respondent Counsel: M. C. Wong

ROMA HARRIS

Respondent Counsel: M. C. Wong

PAUL DAVENPORT

Respondent Counsel: M. C. Wong

ALAN WEEDON

Respondent Counsel: M. C. Wong

HELEN ROSS

Respondent Counsel: M. C. Wong

W.W. PEEL

Respondent Counsel: M. C. Wong

K. BAINES

Respondent Counsel: M. C. Wong

R. MERCER

Respondent Counsel: M. C. Wong

D. ROSNER

Respondent Counsel: M. C. Wong

R. SECCO

Respondent Counsel: M. C. Wong

LITTLE & JARRETT

Respondent Counsel: M. C. Wong

DEPARTMENT OF APPLIED MATHEMATICS

Respondent Counsel: M. C. Wong

SENATE

Respondent Counsel: M. C. Wong

FACULTY OF GRADUATE STUDIES

Respondent Counsel: M. C. Wong

BOARD OF GOVERNORS

Respondent Counsel: M. C. Wong

THE UNIVERSITY OF WESTERN ONTARIO

Respondent Counsel: M. C. Wong

STEPHEN M. JARRETT

Respondent Counsel: M. C. Wong

WILMA TER-VRUGT

Respondent Counsel: M. C. Wong

RICHARD TER-VRUGT

Respondent Counsel: M. C. Wong

CANADIAN FEDERATION OF UNIVERSITY WOMEN LONDON BRANCH

Respondent Counsel: M. C. Wong

Amounts and remedies

  • Judgment Year: 1,999

03

Procedural history

  1. Posture

    Appeal / Application for Indigency Status (in Chambers)

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

British Columbia Court of Appeal

Judgment· 22 December 1999

1999 BCCA 770

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Skrdla v. Lookman, 1999 BCCA 770

Case cited

Reasons of Melnick J., [1999] B.C.J. 1169 (Q.L.) (S.C.B.C.)

Case cited

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