Canada Judgment

Federal Court

Steeves v. British Columbia

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Because the statement of claim was struck out and the action dismissed the plaintiff could not establish a serious issue for trial as required by the RJR‑MacDonald test; accordingly the injunction test failed and the motion for injunctive relief was dismissed.

Court disposition

Motion dismissed

Orders

  • Motion dismissed with costs to the Defendant in the amount of $350.00 inclusive of fees disbursements and GST

02

Material facts

Parties

James Leslie Gerard Steeves

Plaintiff Counsel: James Leslie Gerard Steeves

The Province of British Columbia

Defendant Counsel: Fernando de Lima

Amounts and remedies

  • Costs Awarded: CAD 350

03

Procedural history

  1. Posture

    Civil Action Seeking Injunctive Relief / Motion for Injunctive Relief Considered Under Rule 369 After Statement of Claim Was Struck Out and Action Dismissed

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiff sought multiple mandatory and prohibitory injunctions requiring the Province and states to adhere to the 1951 Refugee Convention and 1954 Stateless Persons Convention, to recognize and register trust instruments and financial responsibility cards, to vacate a provincial criminal judgment and return or compensate for an original trust note, to cease regulatory or quasi-criminal litigation against the trust and its beneficiaries and trustees, to disallow summary judgment against the trust, and to remove allegedly slanderous news.
Respondent
The defendant argued that the plaintiff's statement of claim had been struck out and the action dismissed so the plaintiff cannot establish a serious issue for trial required for injunctive relief; the defendant also submitted the motion was a collateral attack on the decision in R. v. Steeves, 2019 BCSC 1471; and the defendant sought costs.

05

Court’s reasoning

  1. 01

    RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311

    Applicant for injunction must satisfy three-part test: serious issue for trial, irreparable harm, balance of convenience

  2. 02

    Federal Court decision in this proceeding (2020 FC 1178)

    A dismissed or struck out action precludes showing a serious issue for trial required for interlocutory injunctive relief

  3. 03

    Federal Courts Rules, S.O.R./98-106, Rule 369

    Motions may be heard without personal appearance under Rule 369

06

Ratio, limits and disposition

Ratio decidendi

Because the statement of claim was struck out and the action dismissed the plaintiff could not establish a serious issue for trial as required by the RJR‑MacDonald test; accordingly the injunction test failed and the motion for injunctive relief was dismissed.

Obiter and limits

  • Court did not need to decide the defendant's submission that the motion was a collateral attack on R. v. Steeves, 2019 BCSC 1471
  • Costs were assessed at a modest fixed amount of $350 inclusive of fees disbursements and GST

Court disposition

Motion dismissed

  • Motion dismissed with costs to the Defendant in the amount of $350.00 inclusive of fees disbursements and GST

Source and reliance status

Federal Court · 21 December 2020

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Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 21 December 2020

2020 FC 1178

Steeves v. British Columbia Court (s) Database Federal Court Decisions Date 2020-12-21 Neutral citation 2020 FC 1178 File numbers T-525-20 Decision Content Date: 20201221 Docket: T-525-20 Citation: 2020 FC 1178 Vancouver, British Columbia, December 21, 2020 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:

JAMES LESLIE GERARD STEEVES Plaintiff and

THE PROVINCE OF BRITISH COLUMBIA Defendant

ORDER AND REASONS [1] By a Notice of Motion dated June 15, 2020 and filed on June 19, 2020, for consideration without personal appearance pursuant to Rule 369 of the Federal Courts Rules, S.O.R./98-106 (the “Rules”), Mr. James Leslie Gerard Steeves (the “Plaintiff”) seeks injunctive relief as follows: Province of British Columbia to adhere to the 1951 Convention for Refugees, the 1954 Convention for Stateless Persons, all Human Rights of the beneficiaries and Trustees of the James and Paola Steeves Family Trust. The Province of British Columbia as well as all States will adhere to the Trust Indenture of The James and Paola Steeves Family Trust. The Province of British Columbia will Vacate the Judgement made in R. vs (sic) Steeves as it is in direct violation of Article 29 of the 1951 Convention for Refugees and the 1954 Convention for Stateless Persons and will return the Original Note issued by the James and Paola Steeves Family Trust for the fine imposed onto Paola V. Steeves. If the note has been sold, the cash equivalent will be issued. The Province of British Columbia will Cease and Desist any and all regulatory or quasi-criminal litigation against The James and Paola Steeves Family Trust, it’s (sic) Beneficiaries or Trustees. Summary Judgement will be disallowed for The James and Paola Steeves Family Trust, it’s (sic) beneficiaries and Trustees. Any and all News

propaganda and Slanderous writings in regards to The James and Paola Steeves Family Trust, its beneficiaries and Trustees will be removed from the Public eye no matter the form. The Province of British Columbia will Register any and all Private automobiles with the use of the Financial Responsibility Cards Issued by the James and Paola Steeves Family Trust and will not force its beneficiaries and Trustees to purchase ICBC Insurance or Provincial Drivers Licenses in order to Travel. [2] The Plaintiff’s Motion Record, including the Notice of Motion was served upon The Province of British Columbia (the “Defendant”) on June 17, 2020, according to the affidavit of service sworn by the Plaintiff on June 19, 2020 and filed with the Court on June 19, 2020. [3] The Defendant filed a responding Motion Record on June 30, 2020. [4] By Order and Reasons issued on December 21, 2020, the Statement of Claim in this proceeding was struck out and the action was dismissed. [5] According to the decision in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, a person seeking injunctive relief must meet a tri-partite conjunctive test and show that there is a serious issue for trial arising from the originating document in the proceeding; that he will suffer irreparable harm if the relief sought is denied; and that the balance of convenience lies in his favour. [6] The Plaintiff’s

action has been dismissed. He cannot show a “serious issue for trial”, in those circumstances. It follows that he cannot meet the test for obtaining injunctive relief and the motion will be dismissed. [7] The Defendant also submits that, in bringing this Motion, the Plaintiff is making a collateral attack upon a decision of the Supreme Court of British Columbia in R. v. Steeves, 2019 BCSC 1471. However, in light of my conclusion above, it is not necessary for me to address this argument. [8] In the result, the Plaintiff’s Motion is dismissed, with costs to the Defendant in the amount of $350.00, inclusive of fees, disbursements and GST. ORDER in T-525-20 THIS COURT’S ORDER is that the Motion is dismissed with costs to the Defendant in the amount of $350.00, inclusive of fees, disbursements and GST. "E. Heneghan" Judge

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: T-525-20 STYLE OF CAUSE: JAMES LESLIE GERARD STEEVES v. THE PROVINCE OF BRITISH COLUMBIA MOTION IN WRITING CONSIDERED AT VANCOUVER, BRITISH COLUMBIA PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES ORDER AND REASONS: HENEGHAN J. DATED: December 21, 2020 APPEARANCES: James Leslie Gerard Steeves The PLAINTIFF ON HIS OWN BEHALF Fernando de Lima

FOR THE DEFENDANT SOLICITORS OF RECORD: Attorney General of British Columbia Victoria British Columbia For The DEFENDANT

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Authorities

Authorities used by the court

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

RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311

Case cited

R. v. Steeves, 2019 BCSC 1471

Case cited

Steeves v. British Columbia, 2020 FC 1178

Case cited

Federal Courts Rules, S.O.R./98-106, Rule 369

Legislation

Legislation referenced in the available case record.

Convention relating to the Status of Refugees (1951)

Legislation

Legislation referenced in the available case record.

Convention relating to the Status of Stateless Persons (1954)

Legislation

Legislation referenced in the available case record.

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