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Posted Thursday, February 12, 2026:
Bains v. Barker,
2026 BCCA 65
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2026/01/29
Court of Appeal
The appellant filed a notice of civil claim against the respondent, Mr. Barker, who is an adjudicator with the British Columbia Labour Relations Board (the “Board”). The response to civil claim was filed by Mr. Barker and the Board. It was signed by Ms. O’Rourke, who is listed as counsel for both Mr. Barker and the Board. This decision involves two interrelated appeals in which the appellant challenges Ms. O’Rourke’s role as counsel. The appellant argues that he is suing Mr. Barker in his private capacity and that, as counsel for the Board, Ms. O’Rourke lacks standing to also represent Mr. Barker in his private capacity.
Held: Appeals dismissed. The question of whether Mr. Barker is acting in his private or public capacity is of no moment to his ability to retain counsel. The appellant has also not identified any prejudice arising from Ms. O’Rourke acting as counsel for both Mr. Barker and the Board.
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Jeffries v. Bayfield Mortgage Investment Corp.,
2026 BCCA 66
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2026/02/05
Court of Appeal
This is an application to vary the decision of a chambers judge. The judge dismissed the appellant’s application to remove his appeal from the inactive list.
Held: Application dismissed. The chambers judge was justified in declining to remove the appeal from the inactive list given the lack of merit in the underlying appeal and the length of time during which the appellant took no steps to move the appeal forward.
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Proudfoot v. Bryant,
2026 BCCA 68
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2026/02/09
Court of Appeal
The appellant seeks leave to appeal an order for costs made in the context of an action against a solicitor. He was the successful party at trial, but deprived of his costs after a certain date because he rejected a formal settlement offer from the other side. HELD: Application for leave to appeal is dismissed. The proposed appeal does not raise legal issues that extend beyond the four corners of the case, and, in any event, there is no reasonable prospect of success.
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Posted Wednesday, February 11, 2026:
Zhang v. The Owners, Strata Plan BCS 4288,
2026 BCCA 55
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2026/02/11
Court of Appeal
The appellant appeals the orders of a chambers judge on a petition brought by the respondent strata to enforce a lien for unpaid strata fees. The chambers judge ordered that the final amount owing should be certified on an accounting by the registrar. In the course of the appeal proceeding, the appellant engaged in litigation misconduct that included presenting an affidavit as fresh evidence that had been manufactured to appear as if it had been witnessed by a commissioner for taking affidavits in British Columbia when this was false. Held: Appeal dismissed; cross appeal dismissed as abandoned. The application to adduce fresh evidence is dismissed. The appellant is ordered to pay the respondent’s costs of the appeal as special costs. Each party shall bear their own costs of the cross appeal.
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