Canada Judgment

Supreme Court of British Columbia

Tan v. Tan

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Source document

01

Holding and result

The court refused waiver of fees for matters that repeat previously denied and clearly unmeritorious claims; where a proposed petition fails to identify a specific CLBC decision and supporting denial, the petition as pleaded lacks merit, but the court granted limited leave to amend the petition and file an affidavit attaching the CLBC denial for reconsideration of fee waiver.

Court disposition

Applications for waiver of fees dismissed for multiple dockets except one petition against CLBC which was adjourned with leave to amend and file an affidavit to attach the denial letter

Orders

  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252247 (notice of civil claim against parents)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252248 (petition against Attorney General)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252249 (notice of civil claim against Attorney General)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252251 (notice of civil claim against CLBC)
  • For New Westminster No. S-252250 (petition against CLBC) leave granted to amend the petition to identify a specific CLBC decision and to file an affidavit attaching the CLBC denial letter
  • New Westminster No. S-252250 adjourned to February 19, 2024 at 9:30 a.m. for further consideration of waiver of fees; judge may appear by video

02

Material facts

Parties

Li Wen Tan

Plaintiff/petitioner

Kai Tan

Defendant

Hong Jiao

Defendant

Attorney General of British Columbia

Defendant/respondent

Community Living British Columbia (CLBC)

Defendant/respondent

Amounts and remedies

  • Matters Dismissed: 4

03

Procedural history

  1. Posture

    Multiple Civil Claims and Petitions Including Fee Waiver Applications / Application for Waiver of Court Fees; Interlocutory/preliminary

04

Questions and positions

Legal issues

Party arguments

Applicant
Mr. Tan sought waiver of court fees to commence multiple matters against his parents, the Attorney General and CLBC, and added a request for a justice to 'mediate' between him and his parents; he seeks to proceed without payment of fees.
Respondent
The Court (and opposing parties by implication) opposed waiver because identical or substantially similar fee waiver requests were denied previously, the claims repeat earlier dismissed claims and are without merit or doomed to fail; the notice of civil claim against CLBC lacks a valid cause of action, though the petition may be amended to identify a specific CLBC decision and attach the denial letter.

05

Court’s reasoning

  1. 01

    Inherent jurisdiction and civil practice principles / Supreme Court discretion

    Courts may refuse to waive fees where claims are frivolous, vexatious or plainly doomed to fail

  2. 02

    Judicial review practice; Supreme Court Civil Rules and case law on particularity of pleadings

    A petition seeking review of a public body must identify the decision being challenged and provide the basis for review, including relevant denial letters where applicable

06

Ratio, limits and disposition

Ratio decidendi

The court refused waiver of fees for matters that repeat previously denied and clearly unmeritorious claims; where a proposed petition fails to identify a specific CLBC decision and supporting denial, the petition as pleaded lacks merit, but the court granted limited leave to amend the petition and file an affidavit attaching the CLBC denial for reconsideration of fee waiver.

Obiter and limits

  • A request for a justice to 'mediate' as framed is not a form of relief the court can grant in that pleading
  • The petitioner may return to court on the specified adjourned date and the judge may attend by video

Court disposition

Applications for waiver of fees dismissed for multiple dockets except one petition against CLBC which was adjourned with leave to amend and file an affidavit to attach the denial letter

  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252247 (notice of civil claim against parents)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252248 (petition against Attorney General)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252249 (notice of civil claim against Attorney General)
  • Waiver of fees denied and claims dismissed as frivolous or doomed to fail for New Westminster No. S-252251 (notice of civil claim against CLBC)
  • For New Westminster No. S-252250 (petition against CLBC) leave granted to amend the petition to identify a specific CLBC decision and to file an affidavit attaching the CLBC denial letter
  • New Westminster No. S-252250 adjourned to February 19, 2024 at 9:30 a.m. for further consideration of waiver of fees; judge may appear by video

Source and reliance status

Supreme Court of British Columbia · 15 January 2024

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Judgment text

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Source document

Supreme Court of British Columbia

Judgment· 15 January 2024

2024 BCSC 910

2024 BCSC 910 Tan v. Tan

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Tan v. Tan, 2024 BCSC 910 Date: 20240115 Docket: S252247 Registry: New Westminster Between: Li Wen Tan Plaintiff And Kai Tan, Hong Jiao Defendants - and - Docket: S252248 Registry: New Westminster Between: Li Wen Tan Petitioner And Attorney General of British Columbia Respondent - and - Docket: S252249 Registry: New Westminster Between: Li Wen Tan Plaintiff And Attorney General of British Columbia Defendant - and - Docket: S252251 Registry: New Westminster Between: Li Wen Tan Plaintiff And Community Living British Columbia (CLBC) Defendant - and - Docket: S252250 Registry: New Westminster Between: Li Wen Tan Petitioner And Community Living British Columbia (CLBC) Respondent Before: The Honourable Madam Justice Sharma Oral Reasons for Judgment In Chambers The Plaintiff, appearing in person: L. Tan Place and Date of Trial/Hearing: New Westminster, B.C. January 15, 2024 Place and Date of Judgment: New Westminster, B.C. January 15, 2024 [1] THE COURT: Mr. Tan appears before me on a number of matters for which he seeks a waiver of fees. [2] I will first deal with these three: a) New Westminster No. S-252247 is a notice of civil claim he wants to bring seeking relief against his parents; b) New Westminster No. S-252248 is a petition he wants to bring against the Attorney General of British Columbia seeking relief as against the

police and Crown prosecutors; c) New Westminster No. S-252249 is a notice of civil claim he wants to bring against the Attorney General of British Columbia seeking damages, among other things. [3] Mr. Tan has sought and was denied the same relief last week before various members of this Court, including his application for wavier of fees being denied in: a) Notice of civil claim: Li Tan v. Attorney General of British Columbia, New Westminster No. 252243; b) Petition: Li Tan v. Attorney General of British Columbia, New Westminster No. 252236; c) Notice of civil claim: Li Tan v. Kai Tan and Hong Jiao, New Westminster No. 252238. [4] The relief sought in the three matters before me (identified above in paragraph 2) is virtually identical to the relief he sought last week, for which wavier of fees was denied. Mr. Tan says that he has added a paragraph in the matters before me asking for a Justice to "mediate" between him and his parents. That is not relief that could be granted in the way that he has framed it; therefore, that claim as it exists in the three matters before me has no merit. [5] In relation to all the other claims in the three matters before me, they repeat claims for which this Court has already denied a wavier of fees. These are not applications that should have been brought for that reason, but in any event, I am dismissing all of them for the same reasons they

were dismissed last week. The claims are doomed to fail. [6] Mr. Tan also wants to start proceedings against Community Living British Columbia ("CLBC"). I do not know if he has previous sought a waiver of fees to commence any similar matters against CLBC. [7] In one matter, he wants to file a notice of civil claim against CLBC (New Westminster No. 252251, Li Tan v. Community Living British Columbia). I cannot see a valid claim. He is seeking damages for, but within the narrative, he says at one time he did get benefits from CLBC. This claim has no merit. The application for a waiver of fees is dismissed. [8] However, for the petition (New Westminster No. 252250, Li Tan v. Community Living British Columbia), I will allow Mr. Tan to amend the petition to identify a decision made by CLBC on a particular day, that he wants to challenge. I also give Mr. Tan leave to file an affidavit for the sole purpose of attaching to that affidavit the denial letter from CLBC. This matter is adjourned and Mr. Tan will appear back before me and at that time I will consider whether fees can be waived. Mr. Tan can return to Court this coming Friday, February 19, 2024, at 9:30 a.m., although I may appear at that time by video. "Sharma J."

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