I.C.B.C. v. Blue Mountain

I.C.B.C. v. Blue Mountain

The application to vary or discharge Madam Justice Levine's order was dismissed because the matters raised were not pure questions of law but were inextricably bound up with the trial judge's findings of fraud, so the Court could not dispense with the Court of Appeal Rule 21 transcript requirements and there was no foundation to vary the order.

Citation
2004 BCCA 8
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
5 January 2004
Procedural Posture
Appeal Civil / Interlocutory Application on Appeal
Outcome
Application dismissed
Legal Topics
Transcript Production, Extension of Time, Appeal Record Requirements, Interlocutory Relief, Findings of Fraud
Source Language
English
Civil Procedure Appeal Insurance Law Fraud Transcript Production Extension of Time Appeal Record Requirements Interlocutory Relief +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Insurance Corporation of British Columbia

Respondent/plaintiff

Blue Mountain Collision Ltd.

Appellant/defendant

Al Mansukh

Appellant/defendant

Procedural Posture

Appeal Civil / Interlocutory Application on Appeal

Legal Issues

  1. 1 Whether the order of Madam Justice Levine should be varied or discharged
  2. 2 Whether the Court can dispense with Court of Appeal Rule 21 transcript requirements
  3. 3 Whether any issue raised is a question of law alone separable from the trial findings of fraud

Ratio Decidendi

The application to vary or discharge Madam Justice Levine's order was dismissed because the matters raised were not pure questions of law but were inextricably bound up with the trial judge's findings of fraud, so the Court could not dispense with the Court of Appeal Rule 21 transcript requirements and there was no foundation to vary the order.

Court Disposition

Application dismissed

Orders

  • Application to vary or discharge the order of Madam Justice Levine dismissed