Simple Pursuits Inc. v. 0842748 B.C. Ltd.

Simple Pursuits Inc. v. 0842748 B.C. Ltd.

The appeal was allowed and the June 17, 2013 summary judgment was set aside because the appellants, as parties of record, did not receive the two business days' notice required to reset an adjourned application and the chambers judge improperly relied on contested affidavit evidence sworn by opposing counsel; proceeding without proper notice and without considering abridgement constituted a miscarriage of justice in the circumstances.

Citation
2015 BCCA 382
Parties
Respondent (plaintiff): Simple Pursuits Inc.; Appellant (defendant): 0842748 B.C. Ltd.; Appellant (defendant): Raymond Wong
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
15 September 2015
Procedural Posture
Summary Judgment Appeal / Appeal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Service of Process, Natural Justice, Distraint, Setting Aside Judgment, Advocate as Witness
Source Language
English
Landlord and Tenant Civil Procedure Professional Conduct Summary Judgment Service of Process Natural Justice Distraint Setting Aside Judgment +1 more

Case Brief

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Parties

Simple Pursuits Inc.

Respondent (plaintiff)

0842748 B.C. Ltd.

Appellant (defendant)

Raymond Wong

Appellant (defendant)

Procedural Posture

Summary Judgment Appeal / Appeal to Court of Appeal

Legal Issues

  1. 1 Whether requisition resetting an adjourned application required two business days' notice under the Supreme Court Civil Rules
  2. 2 Whether the chambers judge properly relied on an affidavit sworn by opposing counsel
  3. 3 Whether the respondent's distraint suspended its action for rent

Ratio Decidendi

The appeal was allowed and the June 17, 2013 summary judgment was set aside because the appellants, as parties of record, did not receive the two business days' notice required to reset an adjourned application and the chambers judge improperly relied on contested affidavit evidence sworn by opposing counsel; proceeding without proper notice and without considering abridgement constituted a miscarriage of justice in the circumstances.

Court Disposition

Appeal allowed

Orders

  • Set aside the June 17, 2013 judgment of Betton J.
  • Set aside the April 23, 2014 order of Rogers J.