Charters v. Harper

• Jurisdiction: New Brunswick
• Date: 03 March 1987
• Citation: (1987), 79 N.B.R.(2d) 28 (TD)
• Court: Court of Queen's Bench of New Brunswick (Canada)

Charters v. Harper (1987), 79 N.B.R.(2d) 28 (TD);

    79 R.N.-B.(2e) 28; 201 A.P.R. 28

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Kevin Michael Charters (plaintiff) v. James D. Harper (defendant)

F/C/354/86

Indexed As: Charters v. Harper

Répertorié: Charters v. Harper

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Richard, C.J.Q.B

March 19, 1987.

Summary:

Résumé:

In May 1985 Charters was charged with trafficking in a narcotic. In February 1986 a Provincial Court judge refused to accept Charters' re-election to be tried in the Provincial Court (see 71 N.B.R.(2d) 31). In June 1986 a superior court judge quashed the charges against Charters on the ground of unreasonable delay (see 72 N.B.R.(2d) 108). Charters then sued the Provincial Court judge for damages for infringement of his right to be tried within a reasonable time.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed Charters' action.

Civil Rights - Topic 8311

Canadian Charter of Rights and Freedoms - Application - Private interference with Charter rights - Plaintiff sued a New Brunswick Provincial Court judge for damages for infringement of his Charter rights - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the plaintiff's action because the Charter does not apply to private litigation between private persons (see paragraphs 20 and 21).

Practice - Topic 7457

Costs - Solicitor and client costs - Entitlement - Where claim is without merit - The New Brunswick Court of Queen's Bench, Trial Division, ordered that costs on a solicitor and client basis be paid by an unsuccessful plaintiff where the action was frivolous and vexatious (see paragraph 23).

Cases Noticed:

Seneca College v. Bhadauria, [1981] 2 S.C.R. 181; 37 N.R. 455, refd to. [para. 18].

Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery, [1986] 2 S.C.R. 573; 71 N.R. 83, refd to. [para. 20].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 11(b), sect. 24(1) [para. 2]; sect. 32(1) [para. 20].

Counsel:

Thomas R. Evans, for the plaintiff;

Donald M. Gillis, Q.C., with David N. Rogers, for the defendant.

This case was heard by Richard, C.J.Q.B., of the New Brunswick Court of Queen's Bench on March 3, 1987. The decision of Richard, C.J.Q.B., was delivered on March 19, 1987.