James v. The Synod of the Diocese of New Westminster
Simon James
Law Firm / Organization
Preszler Injury Lawyers BC
Lawyer(s)

Evan Lay

The Synod of the Diocese of New Westminster
Law Firm / Organization
Not Specified
Lawyer(s)

H. Kang

Background:
Simon James, the plaintiff, sued The Synod of the Diocese of New Westminster for damages related to alleged sexual abuse in the 1970s by a church representative. The claim was initiated in March 2023, with a trial scheduled for June 2025. The plaintiff provided limited details of the allegations due to the passage of time.

Legal Arguments/Issues:
The defendant sought further particulars of the plaintiff’s claim under Rule 3-7(20) of the Supreme Court Civil Rules and requested leave to deliver interrogatories under Rule 7-3. The plaintiff argued that the requests sought evidentiary details and legal conclusions beyond the scope of proper particulars and could be addressed during discovery. The court assessed the demands under precedents such as Edgars v. British Columbia and Tse-Ching v. Wesbild Holdings Ltd.

Court's Findings:
The court dismissed most of the defendant's requests, finding the particulars and interrogatories sought were either beyond the plaintiff’s knowledge or improperly focused on evidentiary matters. However, the court ordered the plaintiff to provide particulars of special damages (subparagraph 13).

Costs:
The court awarded costs to Simon James as the substantially successful party, ordering the defendant to bear these in any event of the cause. The specific monetary amount of costs was not specified in the decision.

Outcome:
The plaintiff was required to provide some additional information, but the majority of the defendant’s application was dismissed. The case proceeded with discovery and trial preparation.

Supreme Court of British Columbia
S232608
Tort law
Plaintiff