T.K. v. R.J.H.A., (2014) 364 B.C.A.C. 13 (CA)

• Judge: Bennett, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 03, 2014
• Jurisdiction: British Columbia
• Citations: (2014), 364 B.C.A.C. 13 (CA);2014 BCCA 445

T.K. v. R.J.H.A. (2014), 364 B.C.A.C. 13 (CA);

    625 W.A.C. 13

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. JA.002

T.K. (appellant) v. R.J.H.A. (respondent)

(CA041439; 2014 BCCA 445)

Indexed As: T.K. v. R.J.H.A.

British Columbia Court of Appeal

Bennett, J.A.

November 18, 2014.

Summary:

The mother applied for an order allowing her to relocate with the parties' two children from British Columbia to Ontario.

The British Columbia Supreme Court, in a decision reported at [2013] B.C.T.C. Uned. 2112, determined that it was in the children's best interests to remain in British Columbia. The father was awarded costs, which were assessed at approximately $54,000. The mother appealed. At the hearing of the appeal, the mother requested an order staying the order of costs, pending the decision on the appeal. The request was dismissed orally. The mother applied for an order staying the order of costs.

The British Columbia Court of Appeal, per Bennett, J.A., allowed the application on the condition that the full amount of the costs was paid into court pending the appeal's outcome.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Courts - Topic 83

Stare decisis - Authority of judicial decisions - Prior decisions of same court - Court of Appeal - Single appellate judge - See paragraphs 25 and 26.

Courts - Topic 2111

Jurisdiction - Appellate jurisdiction - Enforcement of trial judgment (incl. stay of) - See paragraphs 22 to 26.

Practice - Topic 5948

Judgments and orders - Enforcement of orders - Stay of - See paragraphs 27 to 31.

Practice - Topic 6927

Costs - General principles - Payment of costs (incl. stay of) - See paragraphs 27 to 31.

Practice - Topic 8956

Appeals - Stay of proceedings pending appeal - Stay of proceedings on terms (incl. security) - See paragraphs 27 to 31.

Practice - Topic 8964.1

Appeals - Stay of proceedings pending appeal - Security for granting stay - See paragraphs 27 to 31.

Practice - Topic 8969

Appeals - Stay of proceedings pending appeal - Order for costs - See paragraphs 27 to 31.

Cases Noticed:

Milk Marketing Board (B.C.) et al. v. Grisnich et al. (1996), 70 B.C.A.C. 142; 115 W.A.C. 142; 50 C.P.C.(3d) 249 (C.A.), refd to. [para. 19].

Roe, McNeill & Co. v. McNeill et al. (1994), 49 B.C.A.C. 247; 80 W.A.C. 247 (C.A.), refd to. [para. 20].

Bea v. Strata Plan LMS 2138, Owners, [2010] B.C.A.C. Uned. 84; 2010 BCCA 463, refd to. [para. 20].

Coburn v. Nagra (2001), 159 B.C.A.C. 299; 259 W.A.C. 299; 96 B.C.L.R.(3d) 327; 2001 BCCA 607, refd to. [para. 21].

Boleak v. Boleak (1999), 133 B.C.A.C. 169; 217 W.A.C. 169; 1999 BCCA 776, refd to. [para. 22].

Greither v. Greither (2004), 207 B.C.A.C. 9; 341 W.A.C. 9; 2004 BCCA 660, refd to. [para. 22].

Stasiewski v. Stasiewski, [2006] B.C.A.C. Uned. 12 (C.A.), refd to. [para. 23].

Haldorson et al. v. Coquitlam (City) (2000), 141 B.C.A.C. 295; 231 W.A.C. 295; 2000 BCCA 484, refd to. [para. 25].

Counsel:

The appellant was self-represented;

R. Gill, for the respondent.

This application was heard in chambers at Victoria, B.C., on November 3, 2014, by Bennett, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on November 18, 2014.