Bemis v. Yukon et al., 2010 YKCA 2

• Judge: K. Smith, J.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: January 27, 2010
• Jurisdiction: Yukon
• Citations: 2010 YKCA 2;(2010), 283 B.C.A.C. 80 (YukCA)

Bemis v. Yukon (2010), 283 B.C.A.C. 80 (YukCA);

    480 W.A.C. 80

MLB headnote and full text

Temp. Cite: [2010] B.C.A.C. TBEd. MR.043

Gary Bemis (appellant) v. Government of Yukon, Department of Energy Mines & Resources (Lands Branch), Linda Anderson, Yukon Municipal Board, City of Whitehorse (respondents)

(YU617; 2010 YKCA 2)

Indexed As: Bemis v. Yukon et al.

Yukon Court of Appeal

K. Smith, J.A.

January 27, 2010.

Summary:

Anderson applied to the Department of Energy, Mines and Resources (Lands Branch) for permission to extend her lot which adjoined and overlapped land claimed by Bemis. The Lands Branch gave its approval and the City of Whitehorse gave formal subdivision approval. Bemis sought to appeal to the Yukon Municipal Board, but the Board declined jurisdiction. Anderson petitioned for judicial review of the Lands Branch decision, the City's decision and the Board's decision. Bemis sought an interlocutory injunction preventing the registration of Anderson's land extension pending the outcome of the petition for judicial review. The application judge declared a conflict of interest but agreed to deal with case management issues, and resolved, over Bemis' objections, to set down for hearing as a threshold issue whether Bemis had an interest in the disputed land sufficient to ground his petition for judicial review. Bemis appealed.

The Yukon Court of Appeal, in a decision reported at 271 B.C.A.C. 183; 458 W.A.C. 183, allowed the appeal. The court set aside the term of the order segregating the threshold issue and directed that the petition be set down for hearing in its entirety. The Registrar assessed Bemis' Bill of Costs. Bemis applied for an extension of time to review the registrar's assessment and for a review of the bill on the basis that the registrar erred in her assessment of several items.

The Yukon Court of Appeal, per K. Smith, J.A., dismissed the application.

Practice - Topic 7608

Costs - Taxation of costs - Rehearing or review by taxing officer - Bemis was successful on his appeal - Bemis prepared a bill of costs and took out an appointment to tax them before the registrar - He failed to attend the appointment - The registrar assessed costs and issued her decision on December 4, 2009 - Bemis had seven days from December 4, 2009, to apply for a review of the assessment - Bemis did not file his application until January 20, 2010, well beyond the time limit - Bemis applied for an extension of time to review the registrar's assessment and for a review of the bill on the basis that the registrar erred in her assessment of several items - Bemis asserted that he forgot about the appointment and did not know that there was a seven day time limit - Bemis relied on the principles respecting the treatment of unrepresented persons - The Yukon Court of Appeal, per K. Smith, J.A., dismissed the application - None of those principles had been transgressed in what happened before the registrar or in chambers - Bemis was given a full opportunity to present his case but he had not persuaded the court that it was in the interest of justice that the extension of time to bring his review be granted - Had the court heard Bemis on the merits, it would have denied a review - The registrar, in assessing costs as she did, acted fairly and justly and made no error of law or of principle in the exercise of her discretion.

Counsel:

Appellant appeared in person via telephone;

M. Winstanley, via telephone, for the respondent, Government of Yukon;

L. Lavoie, via telephone, for the respondent, City of Whitehorse.

This application was heard on January 27, 2010, in Chambers, via telephone, by K. Smith, J.A., of the Yukon Court of Appeal, who delivered the following oral reasons for judgment on the same date.