Appellant
Respondent
Background: Toni Eugene Deline, the appellant, sought to enjoin respondents Lana Tsang and Colin G.M. Gibson from acting as counsel for other respondents in a case related to his time as a chess teacher at the Vancouver Talmud Torah Association. Deline's initial action was struck in February 2020, and he filed a new civil claim on September 6, 2022, naming Tsang, Gibson, and others as defendants.
Legal Arguments/Issues: Deline alleged that Tsang and Gibson conspired to harm him by denying him a legal duty of care. He claimed they acted improperly as counsel in the previous action. The Supreme Court of British Columbia, through Justice Warren, struck Deline's claim against Tsang and Gibson, citing that the allegations disclosed no viable claim since their roles were solely as opposing counsel. Deline applied to vary this decision and sought to remove Tsang and restrain any lawyer from Harris & Company from representing the defendants.
Court's Findings: The Court of Appeal for British Columbia, led by Justices MacKenzie, Willcock, and Voith, dismissed Deline's application to vary. They found that Tsang and Gibson were properly designated as respondents since the injunctive relief sought against them directly implicated their legal rights and duties. Justice Groberman's earlier decision was upheld, stating no error in law or principle occurred.
Costs: The Court ordered Deline to pay the respondents' costs of the application forthwith. The exact amount of costs awarded was not specified in the provided document??.
Court
Court of Appeals for British ColumbiaCase Number
CA48926Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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