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.
40295
Andrew Nicholas Hokhold v. Honourable Mr. Justice Frank W. Cole, et al.
(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) |
|---|---|---|
| 2023-12-15 | Close file on Leave | |
| 2023-12-15 | Correspondence (sent by the Court) to, parties, Re: certificate of taxation | |
| 2023-12-05 | Certificate of taxation issued to, Fernando de Lima | |
| 2023-12-05 | Decision on the bill of costs, in the amount of $577.70, Reg | |
| 2023-12-05 | Submission of the bill of costs, Reg | |
| 2023-02-20 | Bill of costs, Completed on: 2023-12-15 | Attorney General of British Columbia |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46331, 2021 BCCA 475, dated December 23, 2021 would have been dismissed. Dismissed |
|
| 2022-12-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-12 |
Book of authorities, (Book Form), (9 volumes), Required: Proof of service (Rec'd 2022-12-08), Completed on: 2022-12-08, (Printed version filed on 2022-10-18) |
Andrew Nicholas Hokhold |
| 2022-09-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-09-13, (Printed version filed on 2022-11-14) | Andrew Nicholas Hokhold |
| 2022-09-07 | Reply to the motion to extend time to file and/ or serve the leave application, (Book Form), Completed on: 2022-09-13, (Printed version due on 2022-09-14) | Andrew Nicholas Hokhold |
| 2022-09-06 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-09-13, (Printed version filed on 2022-11-14) | Andrew Nicholas Hokhold |
| 2022-08-31 | Certificate (on limitations to public access), 23A | Attorney General of Canada |
| 2022-08-31 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2022-09-02 | Attorney General of Canada |
| 2022-08-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-02 | Attorney General of Canada |
| 2022-08-31 | Certificate (on limitations to public access), 23A | Honourable Mr. Justice Frank W. Cole |
| 2022-08-31 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2022-09-02 | Honourable Mr. Justice Frank W. Cole |
| 2022-08-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-02 | Honourable Mr. Justice Frank W. Cole |
| 2022-08-30 | Certificate (on limitations to public access), 23A | Attorney General of British Columbia |
| 2022-08-24 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-08-25 | Attorney General of British Columbia |
| 2022-08-24 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-25, (Printed version due on 2022-08-31) | Attorney General of British Columbia |
| 2022-08-03 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-08-03 | |
| 2022-07-28 | Correspondence received from, (Letter Form), (Printed version due on 2022-08-05) | Andrew Nicholas Hokhold |
| 2022-07-28 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-08-03, (Printed version filed on 2022-10-18) | Andrew Nicholas Hokhold |
| 2022-07-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-08-05) | Andrew Nicholas Hokhold |
| 2022-07-28 |
Application for leave to appeal, (Book Form), (7 volumes), Required: Signed copy of Final judgment & Order - Rec'd 2022-09-12, Completed on: 2022-09-14, (Printed version filed on 2022-10-18) |
Andrew Nicholas Hokhold |
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 |
|---|---|---|
| Hokhold, Andrew Nicholas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Honourable Mr. Justice Frank W. Cole | Respondent | Active |
| Honourable Mr. Justice Patrice Abrioux | Respondent | Active |
| Honourable Chief Justice Christopher E. Hinkson | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Hokhold, Andrew Nicholas
This party is not represented by counsel.
Party: Honourable Mr. Justice Frank W. Cole
Counsel
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: lzivot@guildyule.com
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Honourable Mr. Justice Patrice Abrioux
Counsel
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: lzivot@guildyule.com
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Honourable Chief Justice Christopher E. Hinkson
Counsel
2100 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 688-1221
FAX: (604) 688-1315
Email: lzivot@guildyule.com
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of British Columbia
Counsel
Michael Kleisinger
Legal Services Branch
1301 – 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8877
FAX: (250) 356-8653
Email: fernando.delima@gov.bc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Canada
Counsel
James Rendell
British Columbia Regional Office
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 340-4155
FAX: (604) 666-2710
Email: Jennifer.Chow@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Civil Procedure — Pleadings — Applicant’s action struck out and dismissed — Appeal dismissed — Whether the Court of Appeal erred in dismissing the applicant’s appeal — Whether the Court of Appeal prejudicially failed to acknowledge, address, review and adjudicate the trial judge’s legal errors and address the law of judicial immunity — Whether the Court of Appeal erred in law in finding that the applicant’s appeal was a collateral attack and an abuse of process?
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.
The applicant commenced an action against the respondents. Justice Betton allowed the applications of the Attorneys General, struck the notice of civil claim, dismissed the action, and extended the vexatious litigant order in the Supreme Court of British Columbia by enjoining the applicant from bringing any further proceedings in that court without leave. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
S55568
Applicant’s action struck out and dismissed, other ancillary orders granted
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 475, CA46331
Appeal dismissed
Filed documents
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 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 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
Not available
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available