Martin Green v. Dave Bell, Lauralyn Cantor, Don Metz, Colin Russell, Jane Doe, University of Winnipeg

(Manitoba) (Civil) (By Leave)


Civil procedure — Appeals — Leave to appeal — Whether grounds for leave to appeal were without merit — Whether a novel and untested argument should have proceeded to an appeal —Whether right to be properly heard was violated — Whether courts should gloss over compelling arguments simply to dispose of an unpopular litigant’s case with expediency?


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Mr. Green, a student at the University of Winnipeg, was suspended for one year and barred from campus. He was charged and convicted of trespass for being on campus. In 2015, Mr. Green commenced an action. In 2018, the defendants brought a motion for summary judgment. In 2018, the Court of Appeal prohibited Mr. Green from continuing proceedings in that court without leave from a justice of the court. The Court of Queen’s Bench granted summary judgment and dismissed the claim. A judge of the Court of Appeal dismissed an application for leave to continue an appeal.

Lower Court Rulings

January 15, 2018
Court of Queen’s Bench of Manitoba

CI 13-01-83238 ; 2018 MBQB 2
Claim dismissed on summary judgment
September 27, 2021
Court of Appeal of Manitoba

Application for leave to continue appeal dismissed