Appellant
Respondent
Background: The court document pertains to the appeal case "Bang v. Kim" held at the Court of Appeal for British Columbia. The document, dated May 3, 2024, is a supplementary judgment related to earlier proceedings.
Legal Arguments/Issues: The core issue discussed was whether certain paragraphs (16-42) of the amended response to a civil claim, specifically relating to the legal doctrine of "ex turpi causa non oritur actio" (no action arises from a base cause), should be struck out as unnecessary. This followed an earlier decision where paragraph 18, also related to this doctrine, was ordered to be struck. The respondents in this case took no position on the request to strike additional paragraphs.
Held: The Court of Appeal decided not to strike paragraphs 16-42 from the amended response to the civil claim, leaving it to the trial court to resolve any issues related to these paragraphs. The decision focused on procedural appropriateness and the need for thorough examination before striking any part of the legal pleadings.
Costs and Awards: The document does not specify the total amount of costs or any award in favor of the successful party, as the primary focus was on the procedural aspects of the legal pleadings.
Court
Court of Appeals for British ColumbiaCase Number
CA48704Practice Area
Civil litigationAmount
Winner
OtherTrial Start Date
Download documents