British Columbia (Ministry of Social Development and Poverty Reduction) v. Choquette
His Majesty the King in Right of the Province of British Columbia
Law Firm / Organization
Not Specified
Lawyer(s)

M. Salt

Dylan Anthony Choquette
Law Firm / Organization
Unrepresented

Background:
This case arose from alleged repeated disruptive and aggressive behavior by Dylan Anthony Choquette at the Ministry's West Kelowna office. Incidents were documented from January 2022 to December 2022, leading the Province to seek a permanent injunction to bar Mr. Choquette from attending the office. An interim injunction was previously granted but extended several times due to ongoing issues.

Legal Issues and Arguments:
The Province applied for a default judgment under Rule 3-8(1), arguing that Mr. Choquette failed to file a response and was deemed to admit the facts. It also sought a permanent injunction based on the likelihood of recurring trespass and workplace disruption. The Province relied on the business records exception to hearsay under the British Columbia Evidence Act to admit Ministry records detailing Mr. Choquette's conduct. However, the court determined the records were inadmissible hearsay due to insufficient necessity and reliability.

Decision:
The court granted the default judgment, deeming Mr. Choquette to have admitted the facts. However, the permanent injunction was dismissed due to insufficient evidence of future harm, as hearsay records could not substantiate the claims.

Costs and Award:
No monetary damages or costs were awarded in favor of either party. The application for a permanent injunction was dismissed.

Conclusion:
The Province succeeded in obtaining a default judgment but failed to secure a permanent injunction due to evidentiary deficiencies.

Supreme Court of British Columbia
S136086
Civil litigation