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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.


41479

Eduardo Lee v. 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-02-21 Close file on Leave
2025-02-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-02-20 Judgment on leave sent to the parties
2025-02-20 Judgment of the Court on 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 CA49870, dated July 16, 2024, is dismissed without costs.
Dismissed, without costs
2025-01-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-10-28 Applicant's reply to respondent's argument, (Book Form), Missing:

- Proof of service, Completed on: 2025-01-14
Eduardo Lee
2024-10-18 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2024-10-25) Attorney General of British Columbia
2024-10-18 Notice of name, (Letter Form), (Printed version due on 2024-10-25) Attorney General of British Columbia
2024-10-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-09, (Printed version due on 2024-10-25) Attorney General of British Columbia
2024-10-17 Lower court order - e-filing, BCCA CA49870 Orders Eduardo Lee
2024-10-11 Certificate (on limitations to public access) Eduardo Lee
2024-10-02 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED
2024-10-02 Correspondence received from Eduardo Lee
2024-10-01 Application for leave to appeal, (Book Form), Missing:

- Proof of service (Completed by registry at respondents request - 10-04-2024)
- CA Orders (Rec'd 10-21-2024)
- Public access to information form (rec'd 2024-10-11), Completed on: 2024-10-28
Eduardo Lee

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
Lee, Eduardo Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of British Columbia Respondent Active

Counsel

Party: Lee, Eduardo

This party is not represented by counsel.

Party: Attorney General of British Columbia

Counsel
Name
Fernando de Lima
Contact information
Department of Justice Canada
Ministry of Attorney General, Litigation Group
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8877
Email: fernando.deLima@gov.bc.ca

Summary

Keywords

Civil procedure — Appeals — Costs — Security for costs — Notice of civil claim struck without leave to amend — Applicant appealing — Court of Appeal ordering applicant to post security for costs – Whether Insurance (Vehicle) Act violating applicant’s right to equal protection of the law under s. 15(1) of the Canadian Charter of Rights and Freedoms — Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, ss. 115, 116(2); Court of Appeal Rules, B.C. Reg. 120/2022, r. 85

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.

Applicant Eduardo Lee sought to bring a constitutional challenge to the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231. The respondent Attorney General of British Columbia applied to strike Mr. Lee’s notice of claim.

The Supreme Court of British Columbia struck the claim without leave to amend. The Court of Appeal dismissed Mr. Lee’s request for an order that no fees are payable in respect of his appeal and, upon application by the Attorney General, ordered Mr. Lee to post security for costs of the appeal.

Lower court rulings

April 26, 2024
Supreme Court of British Columbia

2024 BCCS 865

Notice of civil claim struck without leave to amend

July 16, 2024
Court of Appeal for British Columbia (Vancouver)

CA49870

Order that applicant shall post security for costs

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: 2025-02-27