British Columbia/Yukon Association of Drug War Survivors v. Abbotsford (City), (2015) 369 B.C.A.C. 315 (CA)

• Judge: Bauman, C.J.B.C., Garson and Harris, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 26, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 369 B.C.A.C. 315 (CA);2015 BCCA 142

Drug War Survivors v. Abbotsford (2015), 369 B.C.A.C. 315 (CA);

    634 W.A.C. 315

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. AP.017

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

(CA042278)

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

(CA042419; 2015 BCCA 142)

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

British Columbia Court of Appeal

Bauman, C.J.B.C., Garson and Harris, JJ.A.

March 27, 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. The City applied to have the Association's action dismissed on the basis that the Association had no standing to pursue the action. In the alternative, the City applied to have all or part of the Association's claim struck under rule 9-5(1). In the further alternative, the City sought an order striking portions of the amended notice of civil claim seeking relief under s. 24(1) of the Charter on the basis that remedies under s. 24(1) were only available if sought by individual plaintiffs and not on their behalf by an Association, even if it purported to act in some kind of representative capacity. The application was dismissed. The City appealed. Following an application by the Association, 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., in a decision reported at (2015), 368 B.C.A.C. 1; 633 W.A.C. 1, 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.

The British Columbia Court of Appeal dismissed the City's appeal and allowed the Association's appeal.

Civil Rights - Topic 8583

Canadian Charter of Rights and Freedoms - Practice - Who may raise Charter issues (incl. standing) - See paragraphs 9 to 28.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - See paragraphs 9 to 28.

Practice - Topic 7607.1

Costs - Taxation of costs - Disclosure of documents - See paragraphs 29 to 32.

Cases Noticed:

British Columbia v. Imperial Tobacco Canada Ltd. et al., [2011] 3 S.C.R. 45; 419 N.R. 1; 308 B.C.A.C. 1; 521 W.A.C. 1; 2011 SCC 42, refd to. [para. 15].

Inglis et al. v. British Columbia (Minister of Public Safety and Solicitor General) et al., [2013] B.C.T.C. Uned. 2309; 2013 BCSC 2309, refd to. [para. 18].

Fédération des parents francophones de Colombie-Britannique v. British Columbia (2012), 328 B.C.A.C. 295; 558 W.A.C. 295; 2012 BCCA 422, refd to. [para. 19].

Henry v. British Columbia et al., [2014] B.C.T.C. Uned. 1018; 2014 BCSC 1018, refd to. [para. 21].

Ward v. Vancouver (City) et al., [2010] 2 S.C.R. 28; 404 N.R. 1; 290 B.C.A.C. 222; 491 W.A.C. 222; 2010 SCC 27, refd to. [para. 22].

Counsel:

J.G. Yardley, for the appellant, City of Abbotsford;

D.K. Wotherspoon and D.J. Larkin, for the respondent, British Columbia/Yukon Association of Drug War Survivors;

D.G. Butcher, Q.C., and A.D. Srivastava, for the respondent, Abbotsford Police Department (CA042419);

S.E. Lacusta, for the Attorney General of British Columbia (CA042419).

This appeal was heard at Vancouver, B.C., on March 26, 2015, by Bauman, C.J.B.C., Garson and Harris, JJ.A., of the British Columbia Court of Appeal. The following oral reasons for judgment of the Court of Appeal were delivered by Harris, J.A., on March 27, 2015.