Case information
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41666
Barnabas Chukwuemeka Okeke v. Provincial Internal Review – Angela Evoy
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2025-05-23 | Close file on Leave | |
| 2025-05-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-22 | Judgment on leave sent to the parties | |
| 2025-05-22 |
Judgment of the Court on the application for leave to appeal, The motion to expedite treatment of the application for leave to appeal is dismissed. The various requests for miscellaneous relief are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 202501H0006, dated January 21, 2025, is dismissed. Dismissed |
|
| 2025-05-22 |
Decision on the miscellaneous motion, See judgment on application Dismissed |
|
| 2025-05-22 |
Decision on motion to expedite the application for leave to appeal, See judgment on application Dismissed |
|
| 2025-04-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-14 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-04-14 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2025-03-03 | Notice of name, (Letter Form), (Printed version filed on 2025-03-04) | Provincial Internal Review – Angela Evoy |
| 2025-03-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-03-04) | Provincial Internal Review – Angela Evoy |
| 2025-03-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-04, (Printed version filed on 2025-03-04) | Provincial Internal Review – Angela Evoy |
| 2025-02-10 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-02-05 | Notice of miscellaneous motion, (Book Form), for exemption of providing print documents and of the filling of a sworn document. , Completed on: 2025-02-10 | Barnabas Chukwuemeka Okeke |
| 2025-02-05 | Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2025-02-10 | Barnabas Chukwuemeka Okeke |
| 2025-02-05 | Certificate (on limitations to public access), (Letter Form), Form 23A and public access to information form | Barnabas Chukwuemeka Okeke |
| 2025-02-05 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application with the correct date of the CA Order. (Rec'd 2025-02-11), Completed on: 2025-02-11 |
Barnabas Chukwuemeka Okeke |
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 |
|---|---|---|
| Barnabas Chukwuemeka Okeke | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Provincial Internal Review – Angela Evoy | Respondent | Active |
Counsel
Party: Barnabas Chukwuemeka Okeke
This party is not represented by counsel.
Party: Provincial Internal Review – Angela Evoy
Counsel
Ian Hennessey
4th Floor East Block, Confederation Building
PO Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-0163
FAX: (709) 729-2129
Email: marksheppard@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights — Fundamental justice — Civil procedure — Fee waiver — Province requiring applicant to provide additional financial information to assess request for income support — Applicant challenging requirement in court and applying for waiver of court fees — Provincial Supreme Court requiring applicant to file financial information in order to assess request for fee waiver — Appellate judge refusing request for fee waiver in Court of Appeal — Leave for re-hearing of fee waiver request in Court of Appeal refused — Whether unemployed applicant can be legally refused income support and fee waiver without evidence that applicant is not eligible.
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 applied to a provincial government body to receive income support. However, it was determined that the applicant’s request could not be assessed without additional financial information. This determination was upheld by way of an internal review, and upheld for a second time by way of a decision of the Income and Employment Support Appeal Board. The applicant attempted to appeal the Appeal Board’s decision to the provincial Supreme Court, and also applied for a fee waiver from that court. The presiding judge issued a series of orders, ultimately ordering that the applicant’s request for a fee waiver would be dismissed and that his Notice of Appeal would be voided unless he filed the requisite financial information within 10 days. The applicant then attempted to appeal the Supreme Court order before the Court of Appeal, and applied for a fee waiver in that court as well. A single appellate judge refused the request for a fee waiver in the Court of Appeal; and the Chief Justice of the Court of Appeal refused to grant the applicant leave for a rehearing of that decision before a full appellate panel.
Lower court rulings
Supreme Court of Newfoundland and Labrador, General Division
202501G0023
Various orders issued with respect to Mr. Okeke’s appeal of Income and Employment Support Appeal Board’s decision, and Mr. Okeke’s request for fee waiver in Supreme Court
Court of Appeal of Newfoundland and Labrador
202501H0006
Mr. Okeke’s request for fee waiver in Court of Appeal — refused
Court of Appeal of Newfoundland and Labrador
202501H0006
Mr. Okeke’s request seeking leave for a rehearing of request for fee waiver in Court of Appeal — refused
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