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The court partly struck a self-represented plaintiff’s pleading, allowing some claims to proceed with leave to amend while dismissing a costs application.
Motion dismissed because issue estoppel failed (prior trial did not decide the agent’s duty, breach or causation as between agent and plaintiffs and agent was not a party or privy), the action is not an abuse of process (not an attempt to relitigate decided issues and filing was to preserve limitation), and witness immunity does not bar a claim that is based on the agent’s alleged out-of-court failure to advise to update the PDS rather than on her testimony.
Source excerpt
The appeal is dismissed because the motion judge correctly concluded the 2023 action was an abuse of process and an impermissible collateral attack on the final 2013 judgment; the pleaded claims were barred by waiver of privacy and by the immunities enjoyed by witnesses and opposing counsel, and no amendment could cure the fundamental defects.
Source excerpt
The British Columbia Court of Appeal dismissed Steven Dong’s appeal from the dismissal of his claims, holding they were time-barred, without merit, or an abuse of process.
The court struck or dismissed Steven Dong’s defamation, negligence and conspiracy claims as limitation-barred, privileged, or otherwise without merit.
The court struck a defamation claim against opposing counsel, holding the impugned affidavit and related litigation communications were protected by absolute privilege.
The court struck out a self-represented plaintiff’s civil claim arising from child protection and police investigations, finding no reasonable cause of action and an abuse of process.
The Court of Appeal dismissed a review application seeking leave to appeal a costs order, holding there was no error in principle in refusing leave.
The court struck a civil claim challenging workers’ compensation proceedings, holding the pleaded allegations were barred by statutory limits, witness immunity, and abuse of process.
The court dismissed an application to strike a contract claim after the plaintiff sued opposing experts in Small Claims Court. No wilful contempt or serious prejudice was proven.
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