Case information
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41699
Syed Ahmad, also known as Joe Ahmad v. Superintendent of Motor Vehicles, et al.
(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) |
|---|---|---|
| 2025-06-20 | Close file on Leave | |
| 2025-06-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-19 | Judgment on leave sent to the parties | |
| 2025-06-19 |
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 CA50028, 2024 BCCA 411, dated December 5, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-06-19 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-05-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-04-10, (Printed version filed on 2025-04-16) | Syed Ahmad, also known as Joe Ahmad |
| 2025-04-09 | Notice of name, (Letter Form), (Printed version filed on 2025-04-14) | Superintendent of Motor Vehicles |
| 2025-04-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-14) | Superintendent of Motor Vehicles |
| 2025-04-09 |
Respondent's response on the application for leave to appeal, (Letter Form), MISSING: -Proof of service (Rec 04-11-2025), Completed on: 2025-04-11, (Printed version filed on 2025-04-14) |
Superintendent of Motor Vehicles |
| 2025-03-11 | Lower court order - e-filing, CA50028 | Syed Ahmad, also known as Joe Ahmad |
| 2025-03-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2025-02-24 | Certificate (on limitations to public access) | Syed Ahmad, also known as Joe Ahmad |
| 2025-02-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-03-11 | Syed Ahmad, also known as Joe Ahmad |
| 2025-02-24 |
Application for leave to appeal, (Book Form), Missing: - CA Orders (Rec 03-11-2025), Completed on: 2025-03-11 |
Syed Ahmad, also known as Joe Ahmad |
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 |
|---|---|---|
| Syed Ahmad, also known as Joe Ahmad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Superintendent of Motor Vehicles | Respondent | Active |
| Peter Harris, Cici Morgan and Jennifer Quarry | Respondent | Active |
Counsel
Party: Syed Ahmad, also known as Joe Ahmad
This party is not represented by counsel.
Party: Superintendent of Motor Vehicles
Counsel
P.O Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (236) 476-2465
Email: june.gleed@gov.bc.ca
Party: Peter Harris, Cici Morgan and Jennifer Quarry
Counsel
P.O Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (236) 476-2465
Email: june.gleed@gov.bc.ca
Summary
Keywords
Civil procedure — Application for default judgment — What is the definition of the “date of the application for default judgment”? — Whether the Court of Appeal made an error of mixed fact and law by ignoring a predecessor’s decision without explanation — Supreme Court Civil Rules, B.C. Reg. 168/2009, Rule 3-8(1) and (2).
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, Syed Ahmad (also known as Joe Ahmad), filed a requisition with the registrar requesting default judgment against the respondents, the Superintendent of Motor Vehicles, Peter Harris, Cici Morgan and Jennifer Quarry. The registrar refused to grant default judgment because the respondents filed their response to civil claim before the registrar considered the requisition. The applicant then applied to a judge for default judgment. The chambers judge dismissed his application since the response to civil claim had been filed. The applicant appealed the chambers judge’s decision. The Court of Appeal for British Columbia dismissed the appeal. It concluded that the response to civil claim was filed before the registrar or the chambers judge considered whether to grant default judgment, and that the applicant did not file proof that the respondents failed to serve a response to civil claim, as required by Rule 3 8(2)(b) of the Supreme Court Civil Rules, B.C. Reg. 168/2009.
Lower court rulings
Supreme Court of British Columbia
S-241634
Application for default judgment dismissed.
Appeal 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
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