Appellant
Respondent
Background: Mokua Gichuru was declared a vexatious litigant, which precluded him from filing proceedings in the BC Supreme Court without leave. Gichuru sought leave to file judicial review applications concerning two decisions by the BC Human Rights Tribunal.
Legal Arguments/Issues: Gichuru argued that the threshold for granting leave was low and that his claims were not doomed to fail. The Court considered whether the proposed proceedings had sufficient merit and whether they justified the expenditure of judicial resources.
Decision: The Court dismissed the appeals, emphasizing the purpose of vexatious litigant orders to prevent abuse of the legal process. The judge exercised discretion, finding the proceedings had insufficient merit and that judicial resources should not be expended on them.
Costs and Awards: Costs awards against Gichuru remained unpaid, impacting the decision to deny leave. The specific amount of costs or awards in favor of the successful parties was not detailed in the provided summary.
Human Rights Tribunal Background: Gichuru had filed complaints with the BC Human Rights Tribunal alleging discrimination and harassment based on mental illness. The Tribunal had awarded him $2,000 in costs and $10,000 in punitive costs but found insufficient evidence for other claims.
Appeal Details: The Court reiterated that a vexatious litigant must demonstrate arguable grounds for litigation. It supported the trial judge's brief reasons, finding them sufficient in context.
Court
Court of Appeals for British ColumbiaCase Number
CA48036; CA48037Practice Area
Civil litigationAmount
$ 12,000Winner
RespondentTrial Start Date
Download documents