Appellant
Respondent
Background Facts: Sean Morriss filed a petition alleging that two mining claims located in Tamihi Creek had been "scammed" from him by the Hon. David Eby, K.C., and the Province of British Columbia. The mining claims in question were identified as #1037467 and #1039657. Morriss sought the return of these claims and requested that David Eby be detained for 24 hours.
Legal Arguments/Issues: Morriss's petition was challenged and ultimately struck by the Supreme Court of British Columbia under Rule 9-5(1). The court found the petition to be frivolous, vexatious, and an abuse of the court process. It disclosed no reasonable claim, lacked a discernible factual or legal basis, and failed to identify a decision for judicial review or a viable legal remedy.
Court Decision: The Court of Appeal dismissed Morriss's appeal, agreeing with the lower court’s assessment. The petition was deemed largely incomprehensible, and the court found no errors in the decision to strike it.
Costs/Award: The document did not specify any costs or financial awards granted to the successful party. The appeal was dismissed without reference to any monetary awards.
Court
Court of Appeals for British ColumbiaCase Number
CA49222Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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