Case information
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39922
Kipling Warner v. Kevin Hobbs, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-10-13 | Close file on Leave | |
| 2022-10-13 | Correspondence (sent by the Court) to, each party, Re: certificate of taxation | |
| 2022-10-11 | Certificate of taxation issued to, Catherine Boies Parker Q.C. | |
| 2022-10-11 | Decision on the bill of costs, in the amount of $1,069.36, Reg | |
| 2022-10-11 | Submission of the bill of costs, Reg | |
| 2022-08-04 | Bill of costs, Completed on: 2022-10-13 | Kevin Hobbs |
| 2022-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-28 | Judgment on leave sent to the parties | |
| 2022-04-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46644, 2021 BCCA 290, dated July 21, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-04-28 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-04-07 | Correspondence received from, (Letter Form), As the response to the leave application should draw the court's attention to the fact that leave was granted in Neufeld, counsel will simply withdraw the April 6, 2022 letter., (Printed version due on 2022-04-14) | Kipling Warner |
| 2022-04-07 | Correspondence received from, (Letter Form), The relationship between this case and Neufeld was addressed in the response. , (Printed version due on 2022-04-14) | Kevin Hobbs |
| 2022-04-06 | Correspondence received from, (Letter Form), Mr. Warner's case may be an appropriate companion case for Hansman v. Neufeld. , (Printed version due on 2022-04-13) | Kipling Warner |
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-01-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-23, (Printed version filed on 2022-01-25) | Kevin Hobbs |
| 2022-01-25 | Certificate (on limitations to public access) | Kevin Hobbs |
| 2022-01-25 | Notice of name | Vanbex Group Inc. |
| 2021-12-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2021-12-14 | |
| 2021-12-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-12-20) | Kipling Warner |
| 2021-12-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2021-12-14, (Printed version due on 2021-12-20) | Kipling Warner |
| 2021-10-01 |
Application for leave to appeal, (Book Form), Require; -CA Order (rec' 03/08/22) -Printed amended version (rec'd 2022-02-08) -Amended version along with proof of service (rec'd on 13-12-2021) , Completed on: 2022-03-04, (Printed version filed on 2021-12-07) |
Kipling Warner |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Warner, Kipling | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hobbs, Kevin | Respondent | Active |
| Cheng, Lisa | Respondent | Active |
| Vanbex Group Inc. | Respondent | Active |
Counsel
Party: Warner, Kipling
Counsel
1018 – 650 West Georgia Street
Vancouver, British Columbia
V6B 4N7
Telephone: (604) 248-8999
Email: joel@payne.law
Party: Hobbs, Kevin
Counsel
Kate R. Phipps
1512 – 808 Nelson Street
Box 12149, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Party: Cheng, Lisa
Counsel
Kate R. Phipps
1512 – 808 Nelson Street
Box 12149, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Vanbex Group Inc.
Counsel
Kate R. Phipps
1512 – 808 Nelson Street
Box 12149, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Summary
Keywords
Courts — Dismissal of proceeding that limits communication on matter of public interest — Defamation proceeding — Whether the appellate court erred in law in interpreting and applying Protection of Public Participation Act, S.B.C. 2019, c. 3, s. 4, 1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22, and Bent v. Platnick, 2020 SCC 23 — Proper interpretation and application of Protection of Public Participation Act, S.B.C. 2019, c. 3.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Kipling Warner was an employee of Vanbex Group Inc. for two months in 2016. Kevin Hobbs and Lisa Cheng are Vanbex’s officers, directors and major shareholders. In 2017, Mr. Warner sent an email to a member of the Vancouver Police Department expressing his suspicion that Mr. Hobbs was using Vanbex for criminal purposes. When he learned that the Vancouver Police were not continuing its investigation, he submitted an online tip to the British Columbia Securities Commission regarding Vanbex and Mr. Hobbs. He also reported his concerns to the RCMP. The Director of Civil Forfeiture pursued the matter. Shortly after an ex parte preservation order was granted, the matter began to appear in the news.
Mr. Hobbs and Ms. Cheng commenced this proceeding, alleging that Mr. Warner’s statements to the authorities were false and that they had caused or were a significant contributing cause to the initiation of the CF action, which had caused them harm. Before he filed his defence, Mr. Warner brought an application to dismiss the claim under s. 4 of the Protection of Public Participation Act, S.B.C. 2019, c. 3 (“PPPA”).
The chambers judge allowed the application under the PPPA and dismissed the defamation action. The Court of Appeal allowed the appeal.
Lower court rulings
Supreme Court of British Columbia
2019 BCSC 2196, S195175
Action dismissed pursuant to s. 4 of the Protection of Public Participation Act, S.B.C. 2019, c. 3; application for damages under s. 8 of Act dismissed
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 290, CA46644
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available