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.
40902
Roberto Orellana Gonzalez v. His Majesty the King in Right of the Province of British Columbia as represented by the 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) |
|---|---|---|
| 2025-08-29 | Close file on Leave | |
| 2025-08-29 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-08-29 | Correspondence (sent by the Court) to, Applicant - bill of costs can not be accepted for filing | |
| 2025-08-28 | Certificate of taxation issued to, Kayla Fast | |
| 2025-08-28 | Decision on the bill of costs, in the amount of $300.00, Reg | |
| 2025-08-28 | Submission of the bill of costs, Reg | |
| 2025-03-17 |
Correspondence (sent by the Court) to, Letter by the Registrar (sent by mail) |
|
| 2025-03-17 | Reconsideration not accepted for filing | |
| 2025-02-28 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2024-07-15 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2025-03-17 | Roberto Orellana Gonzalez |
| 2024-05-24 |
Bill of costs, UNDER REVIEW Missing: - filing fee (rec'd 2024-12-16), Completed on: 2024-12-16 |
His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia |
| 2024-05-17 |
Correspondence received from, applicant re: notice of taxation and bill costs served by applicant (dated May 6, 2024) |
His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia |
| 2024-05-07 |
Correspondence received from, applicant re: taxation documents titled "notice of overall costs" and "application for a certificate" |
Roberto Orellana Gonzalez |
| 2024-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-04 | Judgment on leave sent to the parties | |
| 2024-04-04 |
Judgment of the Court on the application for leave to appeal, It is not necessary to consider the motion for an extension of time to serve and file the application for leave to appeal. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA 48756, 2023 BCCA 155, dated April 14, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-04 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Judgment accordingly |
|
| 2024-03-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-03-04 | Submission of motion to extend time to file and/ or serve the leave application | |
| 2023-11-14 |
Applicant's reply to respondent's argument, (Book Form), Received at SCC on 2023-11-11. Processed on 2023-11-14. , Completed on: 2023-11-14, (Electronic version filed on 2023-11-14) |
Roberto Orellana Gonzalez |
| 2023-10-10 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia |
| 2023-10-10 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2023-10-19) - 23A (Rec'd 2023-10-10) APPLICANT RECEIVED RESPONSE 2023-10-31, Completed on: 2023-10-19, (Printed version filed on 2023-11-14) |
His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia |
| 2023-09-19 | Letter advising parties of an incomplete application for leave to appeal | |
| 2023-06-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-09-08 | Roberto Orellana Gonzalez |
| 2023-06-02 | Supplemental document, (Book Form), Affidavit supporting application for leave to appeal | Roberto Orellana Gonzalez |
| 2023-06-02 | Certificate (on limitations to public access), Form on public access to information | Roberto Orellana Gonzalez |
| 2023-06-02 |
Application for leave to appeal, (Book Form), Missing: - Amended Notice of application required (Rec'd 2024-02-23) - Filling fee (Rec'd 2023-09-28), Completed on: 2024-03-04 |
Roberto Orellana Gonzalez |
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 |
|---|---|---|
| Gonzalez, Roberto Orellana | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Gonzalez, Roberto Orellana
This party is not represented by counsel.
Party: His Majesty the King in Right of the Province of British Columbia as represented by the Attorney General of British Columbia
Counsel
1301 – 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
Email: Kayla.Fast@gov.bc.ca
Summary
Keywords
Civil procedure – Vexatious litigant – Whether the applicant should be granted leave to proceed with a tort action against the respondent.
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.
Mr. Gonzalez wants to bring an action against His Majesty the King in Right of the Province of British Columbia on a number of bases, including breach of duty of care, breaches of the Canadian Charter of Rights and Freedoms and racial discrimination. His claims relate to injuries he suffered in September 1995 on a worksite. Mr. Gonzalez was declared a vexatious litigant and under the terms of the order, he must apply for leave of a justice of the British Columbia Supreme Court before he may bring or commence proceedings arising from injuries he suffered in September 1995. Mr. Gonzalez sought but was denied leave to commence a proposed new legal proceeding. His application for leave to appeal and for permission to proceed with a further tort action and to claim compensatory damages was dismissed. A subsequent application to vary this decision was also dismissed.
Lower court rulings
Supreme Court of British Columbia
S228954
Application for leave to commence a proposed new legal proceeding dismissed
Application to vary decision 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