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MAINTENANCE AND SUPPORT - Practice and procedure - Parties

Monday, September 27, 2021 @ 9:31 AM  


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Motion by the appellant to consolidate three requests to proceed with applications for leave to appeal from orders made in the parties’ family law proceedings. The appellant was declared a vexatious litigant in 2017 and required leave before bringing or commencing proceedings in the appellate court against the respondent or any of her family members. The high-conflict family litigation was ongoing for over 10 years. The appellant also commenced two civil actions against the respondent that were struck. Since 2019, the appellant filed at least 18 applications for permission to pursue relief. The appellant was $141,538 in arrears and had outstanding costs orders totalling over $150,000 against him.

HELD: Motion dismissed. It would bring the administration of justice into disrepute if the relief sought by the appellant was determined while he remained non-compliant with court orders. The appellant’s litigation conduct and failure to fulfill his court-ordered obligations exhibited disdain for the judicial process. Giving the appellant appellate audience in the family litigation without requiring that he pay his fixed or assessed costs would render the costs awards meaningless. The appellant was restricted from filing any document in the Court of Appeal unless he paid all outstanding costs against him.

Hokhold (Litigation guardian of) v. Gerbrandt, [2021] B.C.J. No. 1902, British Columbia Court of Appeal, J. DeWitt-Van Oosten J., September 2, 2021. Digest No. TLD-September272021002