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41356

Corinne Pereira v. Margaret Klonarakis

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-12-05 Close file on Leave
2025-11-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-11-27 Judgment on leave sent to the parties
2025-11-27 Judgment of the Court on the application for leave to appeal, The motion to file a lengthy reply is granted. The application for leave to appeal from the order of the Court of Appeal for British Columbia (Vancouver), Number CA49408, dated June 4, 2025, is dismissed with costs.
Dismissed, with costs
2025-11-27 Decision on motion to file a lengthy memorandum of argument, See judgment on application
Granted
2025-11-18 Correspondence (sent by the Court) to
2025-09-29 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-09-29 Submission of motion to file a lengthy memorandum of argument, for consideration by the Court
2025-08-25 Motion to file a lengthy memorandum of argument, (Book Form), Completed on: 2025-08-19, (Printed version filed on 2025-09-09) Corinne Pereira
2025-08-18 Applicant's reply to respondent's argument, (Book Form), Missing:
-Amended Reply/Motion to file a lengthy Reply (Rec'd 2025-08-25)
-Proof of service
, Completed on: 2025-08-19, (Printed version filed on 2025-09-09)
Corinne Pereira
2025-08-15 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-08-19) Margaret Klonarakis
2025-08-15 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-19) Margaret Klonarakis
2025-08-15 Respondent's response on the application for leave to appeal, (Book Form), Missing:
-Proof of service (Received August 20, 2025)

, Completed on: 2025-08-21, (Printed version filed on 2025-08-19)
Margaret Klonarakis
2025-07-25 Letter advising parties of an incomplete application for leave to appeal, File open
2025-07-07 Certificate (on limitations to public access), 23A Corinne Pereira
2025-07-07 Application for leave to appeal, (Book Form), Second application
Missing:
-Proof of service (N/A), Completed on: 2025-08-25
Corinne Pereira
2024-10-04 Close file on Leave
2024-10-03 Judgment on leave sent to the parties
2024-10-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-10-03 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 from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA49408, 2024 BCCA 75, dated March 7, 2024, is dismissed.
Dismissed
2024-09-06 Correspondence received from, (Letter Form), Replying to the Respondent letter 2024-09-06 Corinne Pereira
2024-09-06 Correspondence received from, (Letter Form), Responding to the applicant's letter dated 2024-09-05. Margaret Klonarakis
2024-09-05 Correspondence received from, (Letter Form) Corinne Pereira
2024-08-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-08-19 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2024-07-23 Correspondence received from, (Letter Form), (Printed version due on 2024-07-30) Margaret Klonarakis
2024-07-23 Other memorandum of argument on application for leave, (Book Form), (Printed version due on 2024-07-30) Margaret Klonarakis
2024-07-23 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Missing: Proof of Service, Completed on: 2024-08-16, (Printed version filed on 2024-07-24) Margaret Klonarakis
2024-07-23 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-07-24) Margaret Klonarakis
2024-07-23 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-07-24) Margaret Klonarakis
2024-07-23 Respondent's response on the application for leave to appeal, (Book Form), Missing: Proof of Service, Completed on: 2024-08-20, (Printed version filed on 2024-07-24) Margaret Klonarakis
2024-07-10 Certificate (on limitations to public access), 23B Corinne Pereira
2024-07-10 Certificate (on limitations to public access), 23A Corinne Pereira
2024-07-09 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED
2024-07-08 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing:

- Proof of service, Completed on: 2024-08-16
Corinne Pereira
2024-07-08 Application for leave to appeal, (Book Form), Missing:

- Proof of service (Rec'd 2024-07-18)
- CA Orders (Rec'd 2024-07-26)
- Public access to information form (Rec'd 2024-07-10), Completed on: 2024-07-26
Corinne Pereira

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

Main parties - Appellants
Name Role Status
Corinne Pereira Applicant Active

v.

Main parties - Respondents
Name Role Status
Margaret Klonarakis Respondent Active

Counsel

Party: Corinne Pereira

This party is not represented by counsel.

Party: Margaret Klonarakis

Counsel
Name
Daniel W. Burnett, K.C.
Contact information
Owen Bird Law Corporation
29th Floor, 733 Seymour Street
PO BOX 1
Vancouver, British Columbia
V6B 0S6
Telephone: (604) 691-7518
Email: dburnett@owenbird.com

Summary

Keywords

Judgments and orders — Application to set aside judgment obtained by fraud — Whether Court of Appeal erred in dismissing application to set aside costs award

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’s action against the respondent for defamation was dismissed. When the applicant sought to appeal the dismissal of her action, the respondent applied for an order requiring the applicant to pay security for costs.

A single judge of the Court of Appeal held that the applicant did not discharge her burden of showing that she should not be required to post security for costs. The interests of justice required an order that she post security. A panel of the Court of Appeal dismissed the applicant’s appeal and awarded costs to the respondent, which were assessed in an amount exceeding the posted security. The security was paid out of court to the respondent’s solicitors. More than one year later, the applicant applied to the Court of Appeal to set aside the costs award, alleging that it was procured by fraud. The Court of Appeal held that this submission was factually and legally without merit and dismissed the application.

Lower court rulings

October 11, 2023
Supreme Court of British Columbia

2023 BCSC 1760

Application to dismiss action granted; action dismissed with costs.

December 1, 2023
Court of Appeal for British Columbia (Vancouver)

2023 BCCA 454

Applicant ordered to pay security for costs of appeal.

March 7, 2024
Court of Appeal for British Columbia (Vancouver)

2024 BCCA 75

Appeal dismissed with costs.

June 4, 2025
Court of Appeal for British Columbia (Vancouver)


Application to set aside costs award 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

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

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

Webcasts

Not available.

Date modified: 2025-12-06