Background:
Lingaraj Bahinipaty, a legally trained individual, had previously filed a lawsuit against Vancouver Coastal Health Authority, which was dismissed. He initiated a second lawsuit, but due to health issues, including cognitive challenges from a craniotomy in 2016, he struggled to respond adequately to a summary trial application served in December 2023. Bahinipaty missed the April 10, 2024 hearing, where Justice Kirchner granted judgment against him in his absence. He claimed his non-attendance was due to undergoing surgery shortly before the hearing, which rendered him unable to attend.

Legal Issues:
Bahinipaty sought to set aside the April 10 judgment, arguing that his absence was not willful and that he faced significant challenges as a self-represented litigant. The court considered his application under Rule 22-1 of the Supreme Court Civil Rules, focusing on whether his non-attendance was justifiable and if he had a meritorious defense. The court noted that the second lawsuit appeared to be an attempt to re-litigate issues already decided, raising concerns of res judicata and abuse of process. Bahinipaty failed to provide sufficient evidence to support the merits of his claim.

Decision:
The court dismissed Bahinipaty’s application, concluding that his claims lacked substantive merit.

Costs Awarded:
The court awarded costs fixed at $500 in favor of Vancouver Coastal Health Authority.