Success Group Holdings Ltd. v. Fraser Valley (Regional District)
Success Group Holdings Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

E. Miao

Fraser Valley Regional District
Law Firm / Organization
Stewart McDannold Stuart
Lawyer(s)

Jeffrey W. Locke

Background:
Success Group Holdings Ltd. initiated a lawsuit against Fraser Valley Regional District, claiming negligence, misfeasance in public office, and trespass. The dispute arose from bylaw enforcement actions taken by the District concerning property formerly owned by Success Group Holdings.

Procedural History:
An earlier decision by Justice Hughes required Success to post $30,000 in security for costs, split into two payments: $10,000 within 30 days and the remaining $20,000 before trial. Failure to meet the first payment resulted in a stay of proceedings. Success did not meet this deadline, and the case was stayed.

Appeal and Application:
Success Group Holdings, represented by Ms. Miao, applied for an extension to appeal the order requiring security for costs. Justice Milman dismissed the application, finding no merit in the proposed appeal and upholding the requirement for the $30,000 payment. Success sought to vary the decision, arguing they had been misled about the appeal timeline and that the security requirement unfairly stifled their claim due to financial hardship.

Court's Decision:
The Court of Appeal, led by Justice Dickson, rejected Success's application to vary the order, stating that the appeal lacked merit. The court found no legal error in Justice Milman’s ruling and noted Success had not provided sufficient evidence of financial hardship.

Outcome:
The application to vary was dismissed, and Success Group Holdings remained liable for the $30,000 security for costs. Fraser Valley Regional District successfully defended the appeal without any additional costs awarded in the decision.

Court of Appeals for British Columbia
CA49459
Civil litigation
Respondent