Digests

Decision Information

Decision Content

Borley v. Fraser River Harbour Commission

T-190-95

Hargrave P.

15/3/95

8 pp.

Motions to strike out statement of claim under R. 419(1)(c), (f) as being scandalous, frivolous, vexatious, abuse of Court's process -- Actions brought by plaintiff in 1987, 1989 and 1994 against defendants before British Columbia courts unsuccessful -- Present action alleging collusion, conspiracy -- Plaintiff seeking injunctive relief to prevent enforcement of various orders requiring him to move belongings and vessels from land and water areas controlled by first three defendants -- Claim of false affidavit brought by plaintiff not relevant in dealing with present motions -- Few, if any, of relevant issues raised by plaintiff against Harbour Commission or Pitt Meadows new issues -- Most, if not all, of relevant issues dealt with in B.C. Supreme court actions and proceedings -- Points raised herein as against Harbour Commission and Pitt Meadows largely or entirely dealt with previously -- Present action, by reason of doctrine of estoppel or res judicata doomed to failure -- Struck out as abuse of process against defendants Harbour Commission, Pitt Meadows -- Federal Court Rules, C.R.C., c. 663, R. 419(1).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.