Plaintiff
Defendant
Background: Urvishkumar Mukeshkumar Mehta was suspended and then expelled from Trinity Western University. Mehta filed a civil claim challenging these decisions. The defendants included Trinity Western University, Mr. Mark Husband (President), and Mr. Todd Martin (Provost).
Legal Arguments/Issues: The defendants sought to strike Mehta's notice of civil claim under Rule 9-5 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. They argued that the claim was unnecessary, frivolous, vexatious, or disclosed no reasonable cause of action. The court assessed whether Mehta's claim stated material facts and disclosed a reasonable cause of action.
Held: The court found Mehta's notice of civil claim did not meet the required standards. It was unclear and did not specify the relief Mehta sought. The referenced laws, including the Constitution Act, 1982, and the Indian Act, appeared inapplicable. The court concluded that the claim had no chance of success and was incapable of being tried. As a result, the notice of civil claim was struck out.
Costs/Damages Awarded: The court awarded costs to the defendants at Scale A, the lowest scale, due to the simplicity of the matter. The specific total costs were not mentioned in the document.
Court
Supreme Court of British ColumbiaCase Number
S240907Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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