Summary

Keywords

mCharter of Rights — Access to justice — Civil procedure — Case management — Case management judge granting order for peremptory trial with conditions, including the payment of previous costs awards made against applicant — Whether further examination and submission of material records is required — Whether case management judge erred in reducing time for trial without reducing amount paid into court as security for costs and in requiring previous costs awards to be paid into court as a precondition for trial to proceed — Whether the imposition of excessive costs awards prior to trial impeded the applicant’s fundamental right to access justice, while the applicant’s appeal of the varied vexatious litigant order was still pending in the Court of Appeal.

Summary

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The applicant claimed to have given his parents a significant amount of money in the early 2000s. He further claimed that his mother signed a promissory note in his favour in or about 2014. He filed a caveat against her property based on the promissory note. He was opposed to his brother’s management of his mother’s financial affairs. The applicant commenced two actions against the respondent. The case management judge granted the respondent’s motion to have the trial move forward on a peremptory basis, with conditions, including the payment of previous costs awards made against the applicant. The Court of Appeal denied the applicant’s application for permission to appeal.

Lower Court Rulings