Thiessen v. British Columbia (Attorney General)

2006 BCCA 388 Thiessen v. British Columbia (Attorney General)

COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Thiessen v. British Columbia (Attorney General), 2006 BCCA 388 Date: 20060906 Docket: CA034208 Between: Gregory Neil Thiessen Appellant And Attorney General of British Columbia and C. Louis Webster Respondents Before: The Honourable Mr. Justice Hall (In Chambers) G.N. Thiessen, appearing on his own behalf No Appearance For the Respondents Place and Date of Hearing: Victoria, British Columbia 14 August 2006 Place and Date of Judgment: Vancouver, British Columbia 6 September 2006 Reasons for Judgment of the Honourable Mr. Justice Hall: [1] This is an application by Mr. Thiessen for indigent status and for an extension of time for bringing an appeal. The applicant suggested that some time had passed before any appeal documents were filed as he was seeking to clarify what had occurred in the Supreme Court. [2] It seems to me that Mr. Thiessen is in a financial status where he would qualify for indigent status in this Court. However, that is not the sole issue to be considered on an application of this sort. It is not the practice of the Court to make an order granting such status if the judge considering the matter concludes that the proposed appeal has no possibility of success. [3] Having reviewed the materials in this case, I have reached the firm conclusion that the proposed appeal has no possibility of success. In these circumstances, it would not be appropriate to grant indigent status to the applicant and I decline to do so. [4] The lack of merit of the proposed appeal also results in a refusal to extend time for filing the appeal documents. That application cannot succeed. [5] In the result, both applications must be dismissed. "The Honourable Mr. Justice Hall"