Summary

40902

Roberto Orellana Gonzalez v. His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia

(British Columbia) (Civil) (By Leave)

Keywords

Civil procedure – Vexatious litigant – Whether the applicant should be granted leave to proceed with a tort action against the respondent.

Summary

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Mr. Gonzalez wants to bring an action against His Majesty the King in Right of the Province of British Columbia on a number of bases, including breach of duty of care, breaches of the Canadian Charter of Rights and Freedoms and racial discrimination. His claims relate to injuries he suffered in September 1995 on a worksite. Mr. Gonzalez was declared a vexatious litigant and under the terms of the order, he must apply for leave of a justice of the British Columbia Supreme Court before he may bring or commence proceedings arising from injuries he suffered in September 1995. Mr. Gonzalez sought but was denied leave to commence a proposed new legal proceeding. His application for leave to appeal and for permission to proceed with a further tort action and to claim compensatory damages was dismissed. A subsequent application to vary this decision was also dismissed.

Lower Court Rulings

November 23, 2022
Supreme Court of British Columbia

S228954
Application for leave to commence a proposed new legal proceeding dismissed
April 14, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 155
Application to vary decision dismissed