Callow v. Board of Education of School District No. 45 (West Vancouver) et al., 2003 BCSC 371

JudgeWilliamson, J.
CourtSupreme Court of British Columbia (Canada)
Case DateFebruary 28, 2003
JurisdictionBritish Columbia
Citations2003 BCSC 371;[2003] B.C.T.C. 371 (SC)

Callow v. Vancouver School Bd., [2003] B.C.T.C. 371 (SC)

MLB headnote and full text

Temp. Cite: [2003] B.C.T.C. TBEd. AP.016

Roger Callow (plaintiff) v. The Board of School Trustees of School District No. 45 (West Vancouver) and West Vancouver Teachers' Association (defendants)

(S022978; 2003 BCSC 371)

Indexed As: Callow v. Board of Education of School District No. 45 (West Vancouver) et al.

British Columbia Supreme Court

Vancouver

Williamson, J.

March 11, 2003.

Summary:

This headnote contains no summary.

Practice - Topic 46

Actions - Commencement of - General principles - Bars - Vexatious litigant - See paragraphs 1 to 24.

Practice - Topic 59

Actions - Commencement of - Preliminary matters - Leave to commence action - Where litigant vexatious - See paragraphs 1 to 24.

Cases Noticed:

Marriner v. Southern Alberta Institute of Technology (1990), 104 A.R. 349 (C.A.), refd to. [para. 18].

Public Guardian and Trustee (B.C.) v. Brown, [2002] B.C.T.C. 1152 (S.C.), refd to. [para. 22].

Lang Michener et al. v. Fabian et al. (1987), 37 D.L.R.(4th) 685 (Ont. H.C.), refd to. [para. 22].

Statutes Noticed:

Supreme Court Act, R.S.B.C. 1996, c. 443, sect. 18 [para. 21].

Counsel:

The plaintiff, Roger Callow appeared in person by telephone;

Geoff Litherland and Kirsten Hume, for the defendant, Board of School Trustees of School District No. 45;

Bruce Laughton, for the defendant, West Vancouver Teachers' Association.

This application was heard on February 28, 2003, before Williamson, J., of the British Columbia Supreme Court, who delivered the following decision on March 11, 2003.

Please note: The following judgment has not been edited.

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4 practice notes
  • Young v. Lort et al., [2007] B.C.T.C. Uned. E77
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 17, 2007
    ..., [1996] B.C.J. No. 2506 (B.C.S.C.); The Public Guardian and Trustee v. Brown , 2002 BCSC 1152; Callow v. Board of School Trustees , 2003 BCSC 371, appeal dismissed, 2004 BCCA 19; and Griffith v. Inspector (Retired) Gary House , 2004 BCSC 1443. 3. Young et al v. Saanich Police Department et......
  • Callow v. Board of School Trustees of School District No. 45 et al., [2008] B.C.T.C. Uned. 436
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 17, 2008
    ...could not institute further legal proceedings without leave of the court. Williamson J.'s judgment was filed on March 11, 2003. ( 2003 BCSC 371). [25] On January 21, 2004, the Court of Appeal dismissed an appeal taken by Mr. Callow from the orders made by Williamson J. ( 2004 BCCA 19 ). [26......
  • Stark v. Board of School Trustees of School District No. 39 (Vancouver) et al., [2007] B.C.T.C. Uned. B79
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 2, 2007
    ...judicial decisions can be considered vexatious conduct of legal proceedings. [36] In Callow v. West Vancouver School District No. 45 , 2003 BCSC 371 [" Callow "] a former employee of the school board brought repeated proceedings against his former employer in an attempt to re-litigate issue......
  • Callow v. West Vancouver Teachers' Association et al., 2009 BCSC 367
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • March 23, 2009
    ...issues "in circumstances where it is obvious the action cannot succeed." See Callow v. West Vancouver School District No. 45 , 2003 BCSC 371. That order was subsequently upheld by the Court of Appeal and leave to appeal to the Supreme Court of Canada was refused. [6] Mr. Callow no......
4 cases
  • Young v. Lort et al., [2007] B.C.T.C. Uned. E77
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 17, 2007
    ..., [1996] B.C.J. No. 2506 (B.C.S.C.); The Public Guardian and Trustee v. Brown , 2002 BCSC 1152; Callow v. Board of School Trustees , 2003 BCSC 371, appeal dismissed, 2004 BCCA 19; and Griffith v. Inspector (Retired) Gary House , 2004 BCSC 1443. 3. Young et al v. Saanich Police Department et......
  • Callow v. Board of School Trustees of School District No. 45 et al., [2008] B.C.T.C. Uned. 436
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 17, 2008
    ...could not institute further legal proceedings without leave of the court. Williamson J.'s judgment was filed on March 11, 2003. ( 2003 BCSC 371). [25] On January 21, 2004, the Court of Appeal dismissed an appeal taken by Mr. Callow from the orders made by Williamson J. ( 2004 BCCA 19 ). [26......
  • Callow v. West Vancouver Teachers' Association et al., 2009 BCSC 367
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • March 23, 2009
    ...issues "in circumstances where it is obvious the action cannot succeed." See Callow v. West Vancouver School District No. 45 , 2003 BCSC 371. That order was subsequently upheld by the Court of Appeal and leave to appeal to the Supreme Court of Canada was refused. [6] Mr. Callow no......
  • Stark v. Board of School Trustees of School District No. 39 (Vancouver) et al., [2007] B.C.T.C. Uned. B79
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 2, 2007
    ...judicial decisions can be considered vexatious conduct of legal proceedings. [36] In Callow v. West Vancouver School District No. 45 , 2003 BCSC 371 [" Callow "] a former employee of the school board brought repeated proceedings against his former employer in an attempt to re-litigate issue......

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