Portnov v. West Vancouver (District)
Abraham Portnov
Law Firm / Organization
Self Represented
District of West Vancouver
Law Firm / Organization
Not Specified
Lawyer(s)

M. Cheung

Background Facts:
In September 2021, Abraham Portnov was injured and later settled his claim against the District of West Vancouver for $1,000 in May 2022. Despite this, Portnov filed a new claim in July 2022, alleging the District concealed documents and committed fraud.

Procedural History:
The Supreme Court of British Columbia dismissed Portnov’s new claims as res judicata and an abuse of process. Portnov then sought an extension of time to appeal and requested a waiver of court fees.

Legal Issues:

  • Res Judicata and Abuse of Process: The court determined Portnov was re-litigating issues already resolved in the previous settlement.
  • Extension of Time: Portnov’s request to extend the appeal deadline required the court to evaluate whether the appeal had merit and served justice.
  • Waiver of Court Fees: Portnov requested a fee waiver, claiming hardship, but the court assessed if the appeal was bound to fail.

Court’s Decision:
The court dismissed both the extension of time and fee waiver requests, finding the appeal had no merit and was destined to fail.

Costs:
The District of West Vancouver was awarded costs for the proceedings, with the amount unspecified in the judgment.

Court of Appeals for British Columbia
CA49555
Civil litigation
Respondent