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Canada Case Law

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Civil procedure 2025 BCCA 347

Mou v. Han

The Court of Appeal dismissed an application to remove an appeal from the inactive list, finding the delay in prosecuting the appeal inordinate, unexplained, and unlikely to lead to success.

  • Inactive list
  • Abandonment
  • Discontinuance
  • Service of process
  • Delay
  • Interests of justice
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Civil procedure 2025 BCCA 397

Jeffries v. Bayfield Mortgage Investment Corp.

The Court of Appeal dismissed Mr. Jeffries’ application to reactivate his appeal from the inactive list, citing significant delay, weak merits, and no interests-of-justice basis.

  • Inactive list
  • Abandonment
  • Vesting order
  • Foreclosure
  • Redemption
  • No fee application
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Civil procedure 2025 BCCA 317

Tafti v. Davis

The Court of Appeal dismissed an extension-of-time application and granted a tailored s. 22 vexatious proceedings order against the appellant.

  • Extension of time
  • Inactive list
  • Vexatious proceedings order (s.22 court of appeal act)
  • Compliance with court rules and time limits
  • Section 164 strata property act
  • Credibility assessment
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Civil procedure 2025 BCCA 229

Ma v. Wu

The Court of Appeal dismissed a review application and upheld dismissal of the appeal as abandoned after the appellants failed to comply with security-for-costs orders.

  • Dismissal as abandoned
  • Security for costs
  • Standard of review
  • Procedural fairness
  • Inactive list
  • Dismissal-as-abandoned
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Family law 2022 BCCA 101

Chen v. Nip

The Court of Appeal dismissed the appeal as abandoned after the appellant failed to file a required transcript and delayed prosecuting the family law appeal.

  • Transcript requirements
  • Abandonment of appeal
  • Inactive list
  • Extension of time
  • Certificate of readiness
  • Delay and prejudice
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Civil procedure 2022 BCCA 113

M.P.W. v. Victoria (City)

Application granted on conditions to remove the appeal from the inactive list, despite considerable delay and weak apparent merits, because the interests of justice favoured limited accommodation.

  • Inactive list
  • Abandonment
  • Extensions of time
  • Accommodation of litigants with disabilities
  • Credibility findings
  • False arrest
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Civil procedure 2022 BCCA 57

Grosz v. Royal Trust Corporation of Canada

The Court of Appeal dismissed an application to reactivate an inactive appeal and related requests, holding the appeal was bound to fail and reinstatement was not in the interests of justice.

  • Inactive list
  • Striking pleadings
  • Abuse of process
  • Limitation period
  • No-fee status
  • Service by email
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Civil procedure 2021 BCCA 388

Gadsby v. British Columbia (Attorney General)

After dismissing an application to reinstate an appeal, the court awarded each of three respondent groups $1,000 in lump sum costs.

  • Costs awards
  • Reinstatement of appeal
  • Inactive list
  • Lump sum costs
  • Self‑represented litigant
  • Costs-awards
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Civil procedure 2021 BCCA 380

Curic v. Rainbow’s End Housing Co-operative

The Court of Appeal dismissed an application to reactivate an inactive appeal and granted a s. 29 order preventing further proceedings without leave.

  • Inactive list
  • Removal from inactive list
  • Leave to commence proceedings
  • Vexatious litigant order
  • Limitation period
  • No-fees application
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Civil procedure 2021 BCCA 354

Gadsby v. British Columbia (Attorney General)

L’application visant à réactiver un appel abandonné est rejetée : le délai de deux ans est inusité, la justification est insuffisante et le pourvoi manque de mérite.

  • Reinstatement of appeal
  • Inactive list
  • Abandonment
  • Abuse of process
  • Delay and prejudice
  • Appeal-reinstatement
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.