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The Court of Appeal dismissed Rodney Daniel Dick’s applications to extend time and seek leave to appeal, finding the proposed appeals were out of time and lacked merit.
The court refused to strike the pleadings but granted summary judgment for the defendant, finding the plaintiffs had mutually terminated the agreement by reclaiming the deposit.
The Pentney Order denying the appellant permission to proceed amounted substantively to a decision under subsection 40(4) of the Federal Courts Act and is therefore not appealable under subsection 40(5); accordingly the appeal is summarily dismissed for want of jurisdiction and the Notice of Appeal is removed from the Court record.
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The Supreme Court of British Columbia dismissed Chang Jacques’s requisition to set aside a prior vexatious litigant order and imposed a Houweling order to stop further related filings.
Section 40 authorizes the Court to discontinue a vexatious litigant's proceeding at any time; the Court also has plenary power to quash proceedings that are doomed to fail; applying the Fabrikant/Olumide test, this application is doomed to fail for lack of standing and is therefore quashed with costs.
Source excerpt
The court dismissed Mechar’s claim for failure to provide particulars, entered judgment for the Bank on the debt, and imposed a vexatious-litigant restraint order.
The court declared Ms. Bergeron a vexatious litigant after years of repetitive custody, access, contempt, and disclosure motions, and barred new applications without leave.
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