Appellant
Respondent
Case Overview:
Rodney Daniel Dick appealed decisions denying him leave to file actions against Vancouver City Savings Credit Union (Vancity) and Wessly William Baker. The Court of Appeal for British Columbia dismissed both appeals on procedural and merit grounds.
Vexatious Litigant Orders:
Dick had been declared a vexatious litigant due to repetitive, meritless litigation. Previous court orders barred him from initiating new actions without court approval, and he failed to meet these criteria for his appeals.
Legal Arguments and Issues:
Dick sought an extension of time to file his appeals and argued for leave to challenge prior denials. He contended that Baker should forfeit his property interest due to unpaid administrative fees and claimed wrongful foreclosure by Vancity dating back to 1999. The court found his arguments lacked jurisdictional basis and were unlikely to succeed on merit. In Dick’s case against Baker, the court noted British Columbia lacked jurisdiction over the foreign property involved, and the claim was below the small claims threshold. Dick presented no new evidence for the Vancity appeal, which merely rehashed previously settled foreclosure issues.
Costs and Awards:
The court awarded costs against Dick, reinforcing the vexatious litigant orders to prevent misuse of judicial resources. The total amount of costs awarded was not specified in the judgment.
Outcome:
The court dismissed both appeals due to procedural deficiencies and a lack of merit in the claims, finding no basis for extension or leave to proceed.
Court
Court of Appeals for British ColumbiaCase Number
CA50201; CA50202Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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