Plaintiff
Defendant
Background:
Brandon Jay Mitchell, representing himself and Squadra Capital, filed a civil claim that included CIBC as a defendant, alleging that CIBC had improperly frozen funds related to an investment account. He also raised concerns about credit cards issued by CIBC to Thomas Robert Moir Maze, which he claimed were improperly obtained but quickly canceled. Mitchell’s claims against CIBC centered on the freezing of funds and alleged improper handling of accounts.
Legal Issues:
CIBC sought to have the plaintiffs' claim struck entirely or specific paragraphs removed, arguing that they were improperly added as a party. They also requested that Mitchell be declared a vexatious litigant, restricting his ability to file further legal proceedings without court permission. Additionally, CIBC sought special costs due to Mitchell’s conduct during the litigation.
Court's Rulings:
The court ruled that CIBC had not been properly added as a party to the proceedings. As a result, CIBC was removed as a defendant, but the court did not strike any portion of the plaintiffs' claim. The court noted that Mitchell did not properly plead a breach of contract claim against CIBC.
The court denied the request to declare Mitchell a vexatious litigant, finding that the evidence did not meet the required standard.
Costs Awarded:
CIBC was awarded costs on a normal scale for the successful part of its application. The court declined to award special costs against Mitchell.
Court
Supreme Court of British ColumbiaCase Number
S220320Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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