Background: Plaintiff filed a claim against Rick Catlin, Christopher Cottrill, Sarah Almas, multiple West Vancouver Police Department (WVPD) officers, and other associates, as well as the District of West Vancouver and the Province of British Columbia. The case stemmed from a 2002 incident where Kepa was arrested for walking his dog in a restricted area and charged with assaulting a police officer, a charge later dismissed.

Legal Arguments/Issues: Kepa alleged false arrest, conspiracy, harassment, intimidation, and defamation by law enforcement officers and other parties. He also claimed breaches of his Charter rights and multiple torts. Defendants sought to strike Kepa’s further amended notice of civil claim (FANOCC) under Rule 9-5(1)(a) of the Supreme Court Civil Rules, arguing it disclosed no reasonable claim and violated multiple pleading rules.

Court’s Analysis: Justice Iyer evaluated whether the FANOCC complied with a prior decision by Justice Elwood, which had identified deficiencies in Kepa's claims and allowed for certain amendments. Justice Iyer found that allegations of events from March 6-15, 2002, including the false arrest claim, were not bound to fail, but other claims were too speculative and convoluted to proceed.

Conclusion: The court struck the FANOCC entirely, granting Kepa leave to amend only the claims related to the March 6 incident and subsequent criminal charges. The court ordered Kepa to submit a revised pleading, no more than 30 pages, within 90 days.

Costs: The court awarded lump sum costs of $1,000 each to the successful defendants, totaling $1,000 in favor of each named defendant.