Appellant
Respondent
- Parties: The appellant was Wendy Sin Ming Ho. The respondent was His Majesty the King in Right of Canada.
- Subject Matter: The Federal Court issued an order dismissing the appellant’s motion for waiver of court fees and an order striking the appellant’s statement of claim without leave to amend. The appellant moved for an extension of time to appeal the two Federal Court orders. The Federal Court dismissed this motion. The appellant appealed and brought a motion seeking two forms of relief: the right to raise new constitutional issues and leave to file fresh evidence.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal with costs. The appeal court also dismissed the appellant’s motion seeking permission to raise new constitutional issues and seeking leave to file fresh evidence. The appeal court held that the Federal Court made no reviewable errors, stated the correct legal test, and exercised its discretion without committing palpable and overriding error when it denied the extension of time and denied a waiver of filing fees. The appeal court saw no procedural unfairness and noted that the appellant’s procedural errors were frequently overlooked to move the case toward an adjudication on the merits.
- Date: The hearing was set on May 14, 2024. The court released its decision on May 14, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court fixed costs in the amount of $1,500, all-inclusive.
Court
Federal Court of AppealCase Number
A-239-22Practice Area
Criminal lawAmount
$ 1,500Winner
RespondentTrial Start Date
14 November 2022Download documents