I.C.B.C. v. Blue Mountain Collision Ltd.

I.C.B.C. v. Blue Mountain Collision Ltd.

The applications were dismissed because (1) appeals proceed on all issues and the panel will decide on new evidence and materials, (2) the applicants failed to file a timely application to vary Mr. Justice Donald's directions within the prescribed seven days, and (3) the court will not grant special procedural orders regarding transcript production that conflict with standard procedures and contractual arrangements; accordingly Mr. Justice Donald's directions that transcripts be ordered forthwith and deposited within 90 days of September 18, 2003 were reaffirmed.

Citation
2003 BCCA 716
Parties
Respondent (plaintiff): Insurance Corporation of British Columbia; Appellant (defendant): Blue Mountain Collision Ltd.; Appellant (defendant): Al Mansukh
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 October 2003
Procedural Posture
Civil Appeal / Motions (in Chambers)
Outcome
Applications dismissed; directions of Mr. Justice Donald reaffirmed.
Legal Topics
Transcript Production, Extension of Time to Vary Directions, Admission of New Evidence on Appeal, Procedural Compliance With Court Reporter Contracts, Appeal Sequencing
Source Language
English
Civil Procedure Appeal Court Reporting and Transcripts Evidence Transcript Production Extension of Time to Vary Directions Admission of New Evidence on Appeal Procedural Compliance With Court Reporter Contracts +1 more

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Parties

Insurance Corporation of British Columbia

Respondent (plaintiff)

Blue Mountain Collision Ltd.

Appellant (defendant)

Al Mansukh

Appellant (defendant)

Procedural Posture

Civil Appeal / Motions (in Chambers)

Legal Issues

  1. 1 Whether time to apply to vary Mr. Justice Donald's directions should be extended
  2. 2 Whether realtime reporter diskettes and transcribed transcripts must be produced to appellants outside standard procedures
  3. 3 Whether tapes not recorded by realtime reporter must be made available for purchase by appellants

Ratio Decidendi

The applications were dismissed because (1) appeals proceed on all issues and the panel will decide on new evidence and materials, (2) the applicants failed to file a timely application to vary Mr. Justice Donald's directions within the prescribed seven days, and (3) the court will not grant special procedural orders regarding transcript production that conflict with standard procedures and contractual arrangements; accordingly Mr. Justice Donald's directions that transcripts be ordered forthwith and deposited within 90 days of September 18, 2003 were reaffirmed.

Court Disposition

Applications dismissed; directions of Mr. Justice Donald reaffirmed.

Orders

  • Applications numbered 8, 9 and 10 dismissed
  • Application to extend time to vary Mr. Justice Donald's directions dismissed