Summary

41023

Sean Morriss v. His Majesty the King in Right of the Province of British Columbia

(British Columbia) (Civil) (By Leave)

Keywords

Charter of rights — Appeals — Judgments and orders — Vexatious litigant order — Action dismissed pursuant to vexatious litigant order — Whether lower courts erred in their reasoning and decisions — Whether application for leave to appeal raises issues of national or public importance.

Summary

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The applicant, Sean Morriss has a long-standing grievance against the respondent Crown in relation to rights he alleges he had with respect to certain mineral claims in or near the Stein Valley Nlaka’pamux Heritage Park in British Columbia. His grievance dates back to the 1970s.

Mr. Morriss was declared a vexatious litigant in respect of these claims; was prohibited from commencing any legal proceedings in any court in respect of the dismissed claims without leave of the court; and the enforcement of the costs order was stayed so long as Mr. Morriss complied with the prohibition.

Mr. Morriss filed a notice of claim in relation to the dismissed claims and subsequently obtained a default judgment.

The respondent Crown filed an application seeking a declaration that Mr. Morriss had violated the vexatious litigant order and requested the default judgment be set aside.

The application was allowed and the claim dismissed. The Court of Appeal dismissed the appeal.

Lower Court Rulings

September 28, 2021
Supreme Court of British Columbia

2021 BCSC 2101, S-208216
Default judgment set aside. Notice of civil claim dismissed pursuant to vexatious litigant order and respondent given leave to enforce cost award.
November 26, 2021
Court of Appeal for British Columbia (Vancouver)

2021 BCCA 451, CA47773
Appeal dismissed.