Case information
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40799
Nathan K. Dempsey v. Pagefreezer Software Inc., et al.
(British Columbia) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-06-25 | Close file on Leave | |
| 2025-06-25 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-06-24 | Certificate of taxation issued to, Loretta Chun | |
| 2025-06-24 | Decision on the bill of costs, in the amount of $1,000.00, Reg | |
| 2025-06-24 | Submission of the bill of costs, Reg | |
| 2024-07-05 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2024-06-24 | Response to the bill of costs, (Letter Form), Completed on: 2024-10-28 | Nathan K. Dempsey |
| 2024-06-21 | Bill of costs, UNDER REVIEW, Completed on: 2024-07-17 | Attorney General of Canada |
| 2024-05-22 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2024-01-10 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2024-02-16 | Nathan K. Dempsey |
| 2023-12-27 | Notice of change of solicitor | Pagefreezer Software Inc. |
| 2023-12-27 |
Correspondence received from, (Letter Form), Request to have materials not accepted for filing destroyed. |
Pagefreezer Software Inc. |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motions are dismissed without costs. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48965, 2023 BCCA 212, dated May 16, 2023, is dismissed with costs to the respondent, Attorney General of Canada. Dismissed, with costs |
|
| 2023-12-21 |
Decision on the miscellaneous motion, See decision on application Dismissed, without costs |
|
| 2023-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-20 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-11-20 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2023-11-06 | Response to miscellaneous motion, Completed on: 2023-11-07 | Pagefreezer Software Inc. |
| 2023-10-26 | Notice of miscellaneous motion, (Letter Form), Motion for a Writ of Certiorari concerning the conduct of the British Columbia courts considered in the SCC 40798/40799 record materials, and in view of a recent decision in the Nova Scotia Court of Appeal concerning a constitutional matter substantially related to this file., Completed on: 2023-11-01, (Printed version due on 2023-11-02) | Nathan K. Dempsey |
| 2023-10-26 | Correspondence received from, Motion for Certiorari, response to BCSC order of Master Vos | Nathan K. Dempsey |
| 2023-10-20 | Supplemental document, (Book Form), (Printed version due on 2023-10-27) | Nathan K. Dempsey |
| 2023-09-01 | Correspondence received from, Reply to the letter that was filed by the respondents on 2023-08-31, responding to the affidavit that was filed by the applicant on August 28, 2023. | Nathan K. Dempsey |
| 2023-08-31 | Correspondence received from, (Letter Form), response to the affidavit that was filed by the applicant on August 28, 2023. | Pagefreezer Software Inc. |
| 2023-08-28 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Proof of service - 23B, Completed on: 2023-11-21 |
Nathan K. Dempsey |
| 2023-08-28 | Certificate (on limitations to public access), Form 23B | Attorney General of Canada |
| 2023-08-28 | Certificate (on limitations to public access), Form 23A | Attorney General of Canada |
| 2023-08-28 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-08-28 | Attorney General of Canada |
| 2023-08-25 | Correspondence received from, Change of Contact Information of the Counsel for the respondents | Pagefreezer Software Inc. |
| 2023-07-31 | Applicant's reply to respondent's argument, (Book Form), Missing proof of Service, Completed on: 2023-07-31, (Printed version filed on 2023-08-08) | Nathan K. Dempsey |
| 2023-07-28 | Notice of name, (Letter Form), (Printed version filed on 2023-07-28) | Pagefreezer Software Inc. |
| 2023-07-28 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version filed on 2023-07-28) | Pagefreezer Software Inc. |
| 2023-07-28 | Response to the motion for a stay of execution, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Motions to stay, expedite, and merge , Completed on: 2023-07-31, (Printed version filed on 2023-07-28) | Pagefreezer Software Inc. |
| 2023-07-28 | Respondent's response on the application for leave to appeal, (Letter Form), SEALED, Completed on: 2023-07-31 | Pagefreezer Software Inc. |
| 2023-07-06 | Correspondence received from, Correspondence explaining the Affidavit for motion for stay of cost | Nathan K. Dempsey |
| 2023-07-06 | Affidavit, Affidavit for motion for stay of costs | Nathan K. Dempsey |
| 2023-06-29 |
Notice of miscellaneous motion, (Book Form), Motion to expedite motion stay of cost Missing: -Proof of service (rec'd 2023-06-30) -Filing fees (one time for 40798 and 40799) (Rec'd 2023-06-29), Completed on: 2023-06-30, (Printed version due on 2023-07-07) |
Nathan K. Dempsey |
| 2023-06-28 |
Notice of miscellaneous motion, (Book Form), Motion to merge file 40798 and 40799 Missing: -Proof of service (rec'd 2023-06-30) -Filing Fees (one time for both 40798 and 40799) (Rec'd 2023-06-29), Completed on: 2023-06-30 |
Nathan K. Dempsey |
| 2023-06-27 | Letter advising parties of an incomplete application for leave to appeal, File opened on June 27, 2023 | |
| 2023-06-13 |
Motion for a stay of execution, (Book Form), Concerns the costs and not the judgment Missing: -Filing Fees (need to be paid only once for 40798 and 40799) (Rec'd 2023-06-29), Completed on: 2023-06-30 |
Nathan K. Dempsey |
| 2023-06-06 | Supplemental document, (2 volumes), Emails | Nathan K. Dempsey |
| 2023-06-06 | Certificate (on limitations to public access), Form 23A | Nathan K. Dempsey |
| 2023-06-06 |
Application for leave to appeal, (Book Form), Missing: -Amended notice of application (indicating the correct decision number) -Trial Court Reasons and Order ( From the Supreme Court of BC, dated Feb. 23, 2023) Rec'd 2023-09- -Filing Fees (Rec'd 2023-06-29), Completed on: 2023-09-27, (Printed version filed on 2023-07-06) |
Nathan K. Dempsey |
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 |
|---|---|---|
| Dempsey, Nathan K. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pagefreezer Software Inc. | Respondent | Active |
| Riedijk, Michael | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Dempsey, Nathan K.
This party is not represented by counsel.
Party: Pagefreezer Software Inc.
Counsel
Suite 3000
Bentall Four, 1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1K8
Email: cgarton@osler.com
Agent
100 Queen Street
Suite 320, World Exchange Plaza
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-1102
FAX: (613) 235-2867
Email: dhnatchuk@osler.com
Party: Attorney General of Canada
Counsel
Hong Nguyen
840Howe St
Bureau 900
Vancouver, British Columbia
V6Z 2S9
Email: loretta.chun@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Riedijk, Michael
Counsel
Suite 3000
Bentall Four, 1055 Dunsmuir Street
Vancouver, British Columbia
V7X 1K8
Email: cgarton@osler.com
Agent
100 Queen Street
Suite 320, World Exchange Plaza
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-1102
FAX: (613) 235-2867
Email: dhnatchuk@osler.com
Summary
Keywords
Civil procedure — Judgments and orders — Interlocutory orders — Application for extension of time to appeal dismissed — Whether the Court of Appeal erred in law — Whether application for leave to appeal raises issues of public importance.<br>
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.
(Sealing order)
Mr. Dempsey seeks leave of appeal an interlocutory order issued by the British Columbia Court of Appeal dismissing his application for an extension of time to appeal a decision of the Supreme Court of British Columbia striking his claim and declaring him to be a vexatious litigant.
Lower court rulings
Supreme Court of British Columbia
2023 BCSC 538, S228567
Action dismissed; Mr. Dempsey declared a vexatious litigant; special costs awarded.
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 212, CA48965
Application for extension of time to appeal dismissed; sealing and protection orders made.
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