Ntibarimungu v. British Columbia (Minister of Advanced Education, Information and Technology), 2015 BCCA 90

• Judge: Newbury, Saunders and Willcock, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 20, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 90;(2015), 367 B.C.A.C. 270 (CA)

Ntibarimungu v. B.C. (2015), 367 B.C.A.C. 270 (CA);

    631 W.A.C. 270

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.019

Frederic Ntibarimungu (appellant/plaintiff) v. Minister of Advanced Education, Information & Technology (respondent/defendant)

(CA040919; 2015 BCCA 90)

Indexed As: Ntibarimungu v. British Columbia (Minister of Advanced Education, Information and Technology)

British Columbia Court of Appeal

Newbury, Saunders and Willcock, JJ.A.

February 20, 2015.

Summary:

In November 2011, the Ministry of Social Development determined that Ntibarimungu was no longer eligible for social assistance because he was receiving aid in his capacity as a full-time student. Ntibarimungu unsuccessfully appealed that decision to the Employment and Assistance Appeal Tribunal. He then applied for judicial review against the Minister of Social Development.

The British Columbia Supreme Court, in a decision reported at [2012] B.C.T.C. Uned. 1625, dismissed the application. Ntibarimungu filed a notice of appeal but the appeal did not proceed to a hearing. In November 2012, Ntibarimungu filed a new notice of civil claim against the Minister of Housing and Development and the Minister of Advanced Education, Innovation and Technology, alleging negligence and misrepresentation in their assessments of his applications for social and student assistance. The Ministers applied to have the claims struck on the basis that they were an abuse of process.

The British Columbia Supreme Court, in a decision reported at [2013] B.C.T.C. Uned. 725, granted the application. In May 2013, Ntibarimungu filed a notice of appeal. He applied for indigent status.

The British Columbia Court of Appeal, per Garson, J.A., in a decision not reported in this series of reports, dismissed the application. Ntibarimungu applied for a review.

The British Columbia Court of Appeal, in a decision reported at (2013), 346 B.C.A.C. 190; 592 W.A.C. 190, dismissed the application. Ntibarimungu amended his notice of appeal in April 2014, but otherwise took no further steps to advance his appeal. Ntibarimungu was advised in May 2014 that his appeal had been put on the inactive list. He applied to reactivate the appeal.

The British Columbia Court of Appeal, per Neilson, J.A., in a decision not reported in this series of reports, dismissed the application. Ntibarimungu applied for a review.

The British Columbia Court of Appeal dismissed the application.

Practice - Topic 8907

Appeals - Procedure - Restoring inactive appeal to general list - See paragraphs 1 to 13.

Cases Noticed:

Haldorson et al. v. Coquitlam (City) (2000), 149 B.C.A.C. 197; 244 W.A.C. 197; 2000 BCCA 672, refd to. [para. 2].

Kar Recovery Ltd. v. K.D.A. - see E.J.R. v. K.D.A. et al.

E.J.R. v. K.D.A. et al. (2004), 204 B.C.A.C. 181; 333 W.A.C. 181; 2004 BCCA 503, refd to. [para. 4].

Counsel:

The appellant appeared on his own behalf;

A.M. Maloney, for the respondent.

This application was heard at Vancouver, B.C., on February 20, 2015, before Newbury, Saunders and Willcock, JJ.A., of the British Columbia Court of Appeal. Saunders, J.A., delivered the following oral reasons for judgment for the court on the same date.