Case information
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41023
Sean Morriss v. His Majesty the King in Right of the Province 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) |
|---|---|---|
| 2024-04-03 | Close file on Leave | |
| 2024-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-21 | Judgment on leave sent to the parties | |
| 2024-03-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47773, 2021 BCCA 451, dated November 26, 2021, is dismissed. Dismissed |
|
| 2024-03-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-02-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-19 | Submission of motion to extend time to file and/ or serve the leave application, Côt Mar Kas | |
| 2024-02-05 | Supplemental document, Updated evidence | Sean Morriss |
| 2023-12-14 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: Filing fee (Rec'd 2023-12-29), Completed on: 2023-12-29, (Printed version filed on 2023-12-27) |
Sean Morriss |
| 2023-12-07 | Supplemental document, 2 Volumes | Sean Morriss |
| 2023-12-06 | Supplemental document, (Letter Form), 2 Volumes | Sean Morriss |
| 2023-12-05 | Supplemental document, (Letter Form), Letter to respondent | Sean Morriss |
| 2023-12-05 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Sean Morriss |
| 2023-12-04 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-02-07 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2023-12-05) - Public access to information form (Rec'd 2023-12-05) - Filing fee (Rec'd 2023-12-11) - Motion to Extend (Rec'd 2023-12-14), Completed on: 2023-12-18 |
Sean Morriss |
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 |
|---|---|---|
| Morriss, Sean | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of the Province of British Columbia | Respondent | Active |
Counsel
Party: Morriss, Sean
This party is not represented by counsel.
Party: His Majesty the King in Right of the Province of British Columbia
Counsel
1001 Douglas Street, 6th Floor
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8895
FAX: (250) 356-9154
Email: david.cowie@gov.bc.ca
Summary
Keywords
Charter of rights — Appeals — Judgments and orders — Vexatious litigant order — Action dismissed pursuant to vexatious litigant order — Whether lower courts erred in their reasoning and decisions — Whether application for leave to appeal raises issues of national or public importance.
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, Sean Morriss has a long-standing grievance against the respondent Crown in relation to rights he alleges he had with respect to certain mineral claims in or near the Stein Valley Nlaka’pamux Heritage Park in British Columbia. His grievance dates back to the 1970s.
Mr. Morriss was declared a vexatious litigant in respect of these claims; was prohibited from commencing any legal proceedings in any court in respect of the dismissed claims without leave of the court; and the enforcement of the costs order was stayed so long as Mr. Morriss complied with the prohibition.
Mr. Morriss filed a notice of claim in relation to the dismissed claims and subsequently obtained a default judgment.
The respondent Crown filed an application seeking a declaration that Mr. Morriss had violated the vexatious litigant order and requested the default judgment be set aside.
The application was allowed and the claim dismissed. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 2101, S-208216
Default judgment set aside. Notice of civil claim dismissed pursuant to vexatious litigant order and respondent given leave to enforce cost award.
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 451, CA47773
Appeal dismissed.
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