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The court granted an injunction limiting Wayne Kelly Stronks’s correspondence with the Smithers Registry, while preserving his ability to file documents by permitted methods.
The appeal is dismissed because the October 27, 2022 security for costs order was not appealed within the required time and therefore cannot be set aside on this appeal, and because the motions judge reasonably concluded, after exhausting lesser remedies and considering the appellant's conduct and repeated noncompliance, that dismissal for failure to post security was the only appropriate remedy.
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The court dismissed Hui Liu and ZF Farm Ltd.’s attempt to revisit an adjournment order, declared them vexatious litigants, and awarded special costs to Ming Yu Ni.
The court awarded special costs after finding the self-represented applicant made unfounded allegations of fraud and dishonesty against estate parties and counsel.
Most of the plaintiff’s interlocutory requests were refused; the court ordered only written opening statements before trial and costs against the plaintiff.
Most of the respondent's affidavit was irrelevant to the issues material to the statutory injunction (which concerns disclosure of confidential disciplinary information and holding out as a paramedic); under Rule 39.04(2) and established authorities the irrelevant, argumentative and inflammatory portions must be struck; specified paragraphs were struck and specified paragraphs retained; costs awarded to the applicant for the motion.
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Court of Appeal held leave was required for the appeal, upheld conversion of the notice of appeal into a leave application, and awarded special costs.
The Court found no error in Nordheimer J.A.'s decision declining to set aside the Registrar's dismissal for failure to perfect: the moving party failed to provide a current, satisfactory explanation for delay, the appeals lacked merit, an adjournment would unfairly prejudice respondents, and therefore the motion to review was dismissed and partial indemnity costs awarded.
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The court declined to award special costs for the Provincial Court Small Claims proceedings, holding those costs must be determined in Provincial Court, and awarded ordinary appeal costs to the respondent.
Registrar Outerbridge assessed special costs in this appeal, allowing the respondents $45,445.95 after modest deductions for secretarial work and blended entries.
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