Case information

Civil procedure – Appeals – Dismissed as abandoned – Reinstatement – Trial judge dismissing applicant’s claim, allowing respondent’s counterclaim – Applicant appealing - Appeal placed on inactive list, subsequently dismissed as abandoned in accordance with Court of Appeal Rules – Court of Appeal dismissing application to reinstate appeal – Whether lower courts erred in allowing judicial bias and procedural unfairness to undermine right to fair trial – Whether suppression and destruction of evidence violated procedural justice – Whether appointment of amicus curiae warranted to ensure equal access to justice – Family Law Act, S.B.C. 2011, c. 25; Court of Appeal Rules, B.C. Reg. 120/2022, ss. 50, 51

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 Irene Juan Hu brought a claim against respondent Daryl Lee. Mr. Lee brought a counterclaim. The trial proceeded in two parts. The only issue considered during the first trial was whether the parties were spouses within the meaning set out in the Family Law Act, S.B.C. 2011, c. 25. The remaining issues were addressed during the second trial. Following the second trial, Ms. Hu’s claims were dismissed. Mr. Lee was granted judgment in his counterclaim.

Ms. Hu’s appeal to the Court of Appeal of British Columbia was placed on the inactive list and subsequently dismissed as abandoned, in accordance with the Court of Appeal Rules, B.C. Reg. 120/2022.

Ms. Hu applied to have her appeal reinstated; her application was dismissed.

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