Case information

Charter of Rights and Freedoms — Rule of law — Miscarriage of justice — Fraud — Fraud upon the court — Evidence — Whether Charter or International Covenant on Civil and Political Rights breached — Whether trial judgment an abuse of the power of the court, violated rights to a fair trial and equal benefit of law or a miscarriage of justice — Whether courts failed to carry out judicial duties and remedy wrongs based on fraud and fraud upon the court — Whether courts failed to follow binding precedents — Whether courts in British Columbia in conflict with other provinces on whether courts can bar a fresh cause of action of fraud — Whether chambers judge erred by failing to afford opportunity to amend notice of claim, in conclusions, in factual basis for reasons for judgment or by failing to identify key issue raised by claim of fraud and fraud upon the court?

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.

Mr. and Ms. Hirji commenced a civil claim against a strata council, Owners Strata Corporation Plan VR 44, alleging negligence in failing to maintain and repair common property. They claim fraud, fraud against the courts, miscarriage of justice, other defects in prior proceedings and breaches of the Constitution, the Canadian Charter of Rights and Freedoms and the International Covenant on Civil and Political Rights. A chambers judge struck the action under Rule 9.5(1) of the Supreme Court Civil Rules, BC Reg 168/2009. The chambers judge declared Mr. and Ms. Hirji vexatious litigants and prohibited them from further legal proceedings against the defendants in the Supreme Court of British Columbia without leave or until payment of outstanding costs awards. The Court of Appeal dismissed an appeal.

---

---

---

---