Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
32026
David-Kevin: Lindsay v. Attorney General of British Columbia
(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) |
|---|---|---|
| 2007-11-21 | Close file on Leave | |
| 2007-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-11-16 | Judgment on leave sent to the parties | |
| 2007-11-15 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA33747, 2007 BCCA 165, dated March 21, 2007, is dismissed. Dismissed |
|
| 2007-11-15 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2007-10-15 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-10-15 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2007-09-04 | Respondent's response on the application for leave to appeal, (Service missing - D. Lindsay confirmed receipt of response by phone), Completed on: 2007-10-12 | Attorney General of British Columbia |
| 2007-08-16 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2007-08-09 | Application for leave to appeal, No Draft Order, Completed on: 2007-10-15 | David-Kevin: Lindsay |
| 2007-04-27 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from B. Mackey dated April 26/07 (by fax), Completed on: 2007-04-27 | Attorney General of British Columbia |
| 2007-04-20 | Correspondence received from, Mr. Lindsay re: filing fee waiver; approved by Mrs. Roland May 9/07 | David-Kevin: Lindsay |
| 2007-04-20 | Notice of application for leave to appeal, Completed on: 2007-04-20 | David-Kevin: Lindsay |
| 2007-04-16 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2007-04-16 | David-Kevin: Lindsay |
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 |
|---|---|---|
| Lindsay, David-Kevin: | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Lindsay, David-Kevin:
This party is not represented by counsel.
Party: Attorney General of British Columbia
Counsel
P.O. Box 9280, Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8847
FAX: (250) 356-5707
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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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.
Judgments and Orders - Declaratory judgments - Petition brought by the Attorney General pursuant to s. 18 of the Supreme Court Act, R.S.B.C. 1996, c. 443 and the Court’s inherent jurisdiction - Applicant declared a vexatious litigant and was ordered to seek leave of the Court to institute or commence legal proceedings - Whether s. 18 of the Supreme Court Act, and/or s. 29 of the Court of Appeal Act apply to criminal and/or quasi-criminal matters - Does the inherent jurisdiction of the British Columbia Supreme Court apply in such a manner so as to permit judges of that Court to prohibit the Applicant from commencing proceedings before that Court and/or the Provincial Court and what is the limit to the inherent jurisdiction of a superior court? - Whether the legislation permits the Court to substitute its own findings of vexatiousness in respect of previous actions where no such findings of vexatiousness were made - Whether there are issues of public importance raised.
The Respondent successfully brought a petition pursuant to s. 18 of the Supreme Court Act, R.S.B.C. 1996, c. 443, and the Court’s inherent jurisdiction. The Applicant was declared to have advanced vexatious legal proceedings and the Applicant is required to seek leave of the Court to institute or commence legal proceedings. An appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
69822
See file/Voir dossier
Court of Appeal for British Columbia (Vancouver)
CA33747, 2007 BCCA 165
See file / Voir dossier
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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