Appellant
Respondent
Background: Manigeh Sabok Sir filed a claim in Provincial Court against Kurt Hill, seeking damages for the alleged mishandling of her personal property. The Provincial Court dismissed her claim after a five-day trial and ordered her to pay Hill's costs. Sabok Sir then appealed to the Supreme Court of British Columbia.
The Provincial Court Trial: The trial concluded with the dismissal of Sabok Sir’s claim on December 30, 2020. On May 19, 2021, the judge ordered Sabok Sir to pay Hill's legal costs.
The Appeal to the Supreme Court: Sabok Sir appealed the Provincial Court's decisions to the Supreme Court under section 5(1) of the Small Claims Act. She argued there were factual and legal errors and claimed procedural unfairness. Justice Tindale dismissed her appeal on May 30, 2024, and awarded additional costs to Hill.
The Appeal to the Court of Appeal: On June 24, 2024, Sabok Sir filed a notice of appeal with the Court of Appeal. However, section 13(2) of the Small Claims Act prohibits further appeals from Supreme Court decisions in small claims cases. Consequently, the Registrar referred the case for summary dismissal under section 21 of the Court of Appeal Act.
Decision: The Court of Appeal, citing section 13(2) of the Small Claims Act, summarily dismissed the appeal on July 25, 2024, affirming it had no jurisdiction to entertain it. The total amount of costs awarded to Kurt Hill was not specified in the document.
Court
Court of Appeals for British ColumbiaCase Number
CA49960Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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