Liu v. Atlantic Composites Ltd., (2014) 345 N.S.R.(2d) 235 (CA)

• Judge: Saunders, Farrar and Scanlan, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: May 26, 2014
• Jurisdiction: Nova Scotia
• Citations: (2014), 345 N.S.R.(2d) 235 (CA);2014 NSCA 58

Liu v. Atlantic Composites Ltd. (2014), 345 N.S.R.(2d) 235 (CA);

    1092 A.P.R. 235

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.008

Guo Yi Liu (appellant) v. Atlantic Composites Limited (respondent)

(CA 417703; CA 421324; 2014 NSCA 58)

Indexed As: Liu v. Atlantic Composites Ltd.

Nova Scotia Court of Appeal

Saunders, Farrar and Scanlan, JJ.A.

June 4, 2014.

Summary:

The plaintiff sued his employer for wrongful dismissal. Pleadings were exchanged. The plaintiff moved for summary judgment. Moir, J., granted the defendant an adjournment. The plaintiff appealed the interlocutory order. Coady, J., dismissed the plaintiff's motion for summary judgment where practically every material fact was in dispute. The plaintiff appealed. The defendant moved to dismiss the plaintiff's appeals.

The Nova Scotia Court of Appeal allowed the motion and dismissed the appeals.

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - [See Practice - Topic 8862 ].

Practice - Topic 8862

Appeals - Quashing or dismissal of appeals - Grounds for - The plaintiff sued his employer for wrongful dismissal - Pleadings were exchanged - The plaintiff moved for summary judgment - Moir, J., granted the defendant an adjournment - The plaintiff appealed the interlocutory order - Coady, J., dismissed the plaintiff's motion for summary judgment where practically every material fact was in dispute - The plaintiff appealed - The defendant moved to dismiss the plaintiff's appeals - The Nova Scotia Court of Appeal allowed the motion and dismissed the appeals - Each appeal was entirely without merit and should be dismissed on that basis alone - Even if either appeal had merit, the court would order that they be dismissed on the basis that each was vexatious and an abuse of process (Civil Procedure Rule 90.44(1)(a)) and also because the plaintiff failed to perfect the appeals (Rule 90.44(1)(b)) after being given every opportunity to do so - By his conduct, the plaintiff had demonstrated a flagrant and repeated unwillingness to abide by the orders of the court - This included a clear pattern of behaviour in not satisfying filing deadlines or directions with respect to content; not honoring costs orders; making entirely unfounded, abusive and contemptuous allegations against staff, lawyers and judges; finally culminating in his refusal to participate in proceedings he himself had initiated - The deliberate and repeatedly reprehensible conduct of the plaintiff required the court's swift and unequivocal condemnation, and entitled the defendant to costs on a solicitor-client basis.

Practice - Topic 8865

Appeals - Quashing or dismissal of appeals - Abuse of process - [See Practice - Topic 8862 ].

Counsel:

Appellant, not appearing;

Jack Graham, Q.C., and Michael Murphy, for the respondent.

This motion was heard at Halifax, Nova Scotia, on May 26, 2014, by Saunders, Farrar and Scanlan, JJ.A., of the Nova Scotia Court of Appeal. The following judgment of the Court of Appeal was delivered by Saunders, J.A., on June 4, 2014.