Dempsey v. Pagefreezer Software Inc.
Nathan K. Dempsey
Law Firm / Organization
Self Represented
Pagefreezer Software Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Michael Riedijk
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Loretta Chun

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.

Court of Appeals for British Columbia
CA48965
Civil litigation
$ 30,570
Respondent