Plaintiff
Defendant
- Parties: The plaintiff was Ashley Gesner. The defendant was Jacqueline Jennings.
- Subject Matter: The plaintiff’s underlying action alleged defamation and contractual breach relating to a dispute over a business relationship that included the renovation design for the defendant’s home on the Sunshine Coast. The defendant applied for orders striking out without leave to amend the fourth amended notice of civil claim dated Oct. 11, 2024; dismissing the plaintiff’s action; declaring the plaintiff a vexatious litigant; and preventing the plaintiff from filing any actions, petitions, or applications against the defendant or her counsel without leave of court. The defendant also sought an order stating that any document filed in contravention to this order would be null such that no party had to respond to it.
- Ruling: The court ruled in the defendant’s favour and fully dismissed the plaintiff’s case. The court found insufficient evidence at this time to declare the plaintiff vexatious or to issue any order under the s. 18 of the Supreme Court Act. However, the court said that any further improper steps by the plaintiff could lead to a finding under s. 18. The court’s judge noted that, while they would remain seized of this application in ordinary circumstances, they believed they were functus here since the action was dismissed.
- Date: The court released its decision on Feb. 12, 2025.
- Venue: This was a case before the Supreme Court of British Columbia.
- Amount: The court found the defendant entitled to her costs of the entire proceeding.
Court
Supreme Court of British ColumbiaCase Number
S235587Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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