Appellant
Respondent
Background:
Karen Wai King Lew appealed an order from the Supreme Court of British Columbia striking her notice of civil claim against the Bank of Montreal (BMO) and Fulton & Company LLP. The dispute stemmed from a foreclosure on Ms. Lew’s home at 2716 Waverley Avenue, Vancouver, after she defaulted on her mortgage.
Legal Issues:
Ms. Lew challenged foreclosure orders, alleging the debt was extinguished by a "debt jubilee" and accusing the respondents of harassment and fraud. The Court considered whether the appeal was abandoned due to non-compliance with procedural deadlines and whether Ms. Lew’s conduct warranted a vexatious litigant declaration.
Court’s Decision:
The Court dismissed Ms. Lew’s appeal for want of prosecution. It also declared her a vexatious litigant, limiting her ability to initiate proceedings related to the foreclosure without prior court permission. This decision was based on her history of repetitive and unmeritorious litigation.
Costs and Awards:
The Court awarded costs at Scale B to BMO and Fulton & Company LLP. Previously, Ms. Lew had been ordered to pay $15,000 and $10,000 as security for costs. The total special costs awarded to BMO and Fulton in related proceedings amounted to $14,943.64 and $33,925.05, respectively. Additionally, $1,130,917.29 was released to Ms. Lew from the sale proceeds of her home.
Court
Court of Appeals for British ColumbiaCase Number
CA49654Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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