Ashraf v. Fraser
Affan Ashraf
Law Firm / Organization
Self Represented
Helene Fraser
Paul Pabello
Jazz Aviation LP

Background: Ashraf's employment was terminated after two incidents involving his co-workers. A grievance filed by his union was withdrawn based on legal advice. Ashraf then pursued multiple legal proceedings, including applications, appeals, and reviews, all of which were dismissed on various grounds, including lack of jurisdiction and frivolousness.

Legal Arguments and Issues

  • Jurisdiction: The courts consistently ruled that the matters fell within the collective agreement, as seen in the decision by Justice Thomas and affirmed by Justice Shergill.
  • Vexatious Litigant: The court found Ashraf's repeated litigations to be vexatious and prohibited him from initiating further proceedings without leave.
  • Abuse of Process: Ashraf's petition was also struck on grounds of abuse of process, among others.

Held: The court struck the petition, labeled Ashraf a vexatious litigant, and imposed restrictions on future filings.

Total Costs/Award: Justice Shergill dismissed Ashraf's petition and awarded the respondents $3,000 in costs. In total, Ashraf owed the respondents $21,000 in unpaid costs across multiple cases.

Supreme Court of British Columbia
S223722
Labour law
$ 21,000
Defendant