British Columbia/Yukon Association of Drug War Survivors v. Abbotsford (City), (2015) 368 B.C.A.C. 1 (CA)

• Judge: Garson, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 27, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 368 B.C.A.C. 1 (CA);2015 BCCA 97

Drug War Survivors v. Abbotsford (2015), 368 B.C.A.C. 1 (CA);

    633 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.028

British Columbia/Yukon Association of Drug War Survivors (appellant/plaintiff) v. Abbotsford Police Department (respondent) and City of Abbotsford (respondent/defendant)

(CA042419; 2015 BCCA 97)

Indexed As: British Columbia/Yukon Association of Drug War Survivors v. Abbotsford (City)

British Columbia Court of Appeal

Garson, J.A.

January 28, 2015.

Summary:

In March 2014, the British Columbia/Yukon Association of Drug War Survivors commenced an action against the City of Abbotsford, including the Abbotsford Police Department (APD), alleging various Charter breaches including, that the bylaws of the City and certain actions of the APD interfered with, inter alia, the s. 7 Charter rights of the Association's members. An application judge ordered the Association pay the cost of production of certain records by the APD. The Association applied for leave to appeal.

The British Columbia Court of Appeal, per Garson, J.A., granted leave to appeal and ordered that the appeal be expedited. There was a legal principle to be resolved that was of importance to the parties, the public, and the profession generally. Only the possible delay of the underlying trial weighed against granting leave, but this did not outweigh the other factors.

Practice - Topic 8876

Appeals - Leave to appeal - Grounds for granting leave - See paragraphs 1 to 29.

Cases Noticed:

Sott (A.L.) Financial (Newton) Ltd. v. Bauman, [1998] B.C.T.C. Uned. 573 (S.C.M.), refd to. [para. 7].

Henry v. British Columbia et al., [2014] B.C.T.C. Uned. 1018; 2014 BCSC 1018, refd to. [para. 8].

Neufeld v. Foster, [2000] B.C.A.C. Uned. 147; 2000 BCCA 485, refd to. [para. 14].

Yung et al. v. Jade Flower Investments Ltd. et al. (2012), 319 B.C.A.C. 265; 542 W.A.C. 265; 2012 BCCA 168, refd to. [para. 14].

Counsel:

D.K. Wotherspoon and D.J. Larkin, for the appellant;

D.G. Butcher, Q.C., for the respondent;

J. Yardley, for the City of Abbotsford;

S.E. Lacusta, for the Attorney General of British Columbia.

This application was heard in chambers at Vancouver, British Columbia, on January 27, 2015, by Garson, J.A., of the British Columbia Court of Appeal, who delivered the following oral reasons for judgment on January 28, 2015.