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The court allowed a partial amendment to the notice of civil claim, struck a proposed assault allegation, and sent limitation issues to trial.
The court struck two civil actions arising from child protection and family disputes, dismissed claims against specified defendants, and declared the plaintiff a vexatious litigant.
WM’s fresh evidence was excluded because it did not relate to events after the appealed order, merely reiterated prior evidence, and would not affect the child’s best interests; the Minister’s fresh evidence was admitted because it related to events after the appealed order, was relevant and credible; the trial judge’s credibility findings were not displaced as there was no clear error materially affecting the result; given the child’s stability and wishes, remaining in the Minister’s permanent care is in her best interests, therefore the appeal is dismissed.
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The court denied a defence adjournment of a voir dire on third-party MCFD records, finding the request unreasonable given prior delay, an imminent jury trial, and known issues that had not been pursued earlier.
The Court of Appeal granted three public-interest intervention applications in a human rights appeal, but tightly limited the issues, page lengths, and reply rights.
The trial judge did not err in law or commit a palpable and overriding factual error: he applied the correct low threshold for s.72, found the physicians either met the standard of care or that any omission would not have changed what the paediatrician knew, and concluded any CAS involvement would not have prevented the assault; therefore the dismissal of the malpractice action was upheld.
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The court set aside a BCHRT decision on procedural fairness and legal error, and remitted the matter for reconsideration under the CFCSA and Human Rights Code.
The Court dismissed the appeal and affirmed the motion judge: given binding authority in Syl Apps and J.B., child protection agencies do not owe a duty of care or fiduciary duty to foster parents because such duties would conflict with the agency’s paramount statutory duty to act in the best interests of the child; the service agreements were not pleaded or integral and therefore inadmissible on the r.21.01(1)(b) motion; claims against individual employees were struck because the statement of claim failed to plead particularized bad faith sufficient to overcome s.15(6) CFSA, though leave to p…
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A.P.'s persistent pattern of filing repetitive, meritless appeals and motions, relitigating issues already decided, failing to comply with court directions, seeking remedies outside the Court's jurisdiction, and disregarding judicial admonitions demonstrated habitual and persistent vexatious conduct under s.45B of the Judicature Act; accordingly a restraining order was necessary to prevent ongoing abuse and the present appeal was dismissed for failure to comply with filing directions.
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On the whole record the plaintiff habitually and persistently brought and pursued meritless, repetitious and collateral proceedings attacking prior family court decisions and judicial participants, failed to pay ordered costs, pursued unsuccessful appeals and extra-judicial complaints, and therefore met the threshold under s.45B(1) and Rule 88.02 to be declared a vexatious litigant; an order restraining him from initiating further proceedings against the named individuals and entities without leave was required to protect the administration of justice.
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