Background: Nathan K. Dempsey, the appellant, was a former employee and shareholder of Pagefreezer Software Inc., founded by Michael Riedijk. The dispute originated from a settlement agreement made in September 2021 to resolve an oppression dispute. Dempsey sought to rescind this settlement, leading to multiple legal proceedings.
Legal Issues:
- Dempsey applied for an extension of time to appeal an order from the Supreme Court of British Columbia, which was dismissed.
- He also requested sealing and protection orders.
- Key issues included whether Dempsey had a bona fide intention to appeal, whether the respondents were informed in time, potential prejudice to the respondents, merit in the appeal, and the interests of justice.
Court Findings:
- Dempsey's application for an extension was denied due to his failure to meet the legal criteria and his contempt of court.
- He had been found in contempt twice, failed to post security for costs, and continuously breached court orders by disclosing sealed materials to third parties.
- Justice Majawa struck out Dempsey’s claims, declared him a vexatious litigant, and issued permanent sealing orders.
Costs and Awards:
- The Attorney General of Canada and Pagefreezer were awarded costs.
- Dempsey was ordered to pay fines and special costs totaling $30,570 ($5,000 fine by Justice Marchand, $10,000 fine by Justice Voith, and $15,570 in special costs to the respondents).
Outcome: Dempsey’s application for an extension of time to file an appeal was dismissed. Permanent sealing and protective orders were issued to maintain confidentiality.