Greg Allen and Kaitlyn Meyer Successfully Defend Appeal

Greg and Kaitlyn successfully defended an appeal of their win at trial — a judgement dismissing the appellants’ claims of not one, but two actions.

At trial, the Court ruled in favour of the defendants and dismissed the entirety of the plaintiffs’ claims in the two underlying actions, including the finding that they were statute barred and amounted to an abuse of process. The trial decision can be found here and our prior post about is here.

The Court of Appeal found that the trial judge did not fall into a palpable and overriding error by concluding that he could not give weight to the opinion of the appellants’ expert, which depended on an unproven assumption. As a result, it was open to the trial judge to conclude, based on the evidence before him, that the principal of one of the loans at issue was not repaid in 2006. Further, the Court of Appeal upheld the trial judge’s findings that the New Westminster Action was statute barred. In doing so, the Court of Appeal also held that there was a clear alternate basis, separate from the limitation issues, supporting the dismissal of the claims.

For more information on this case, visit 2023 BCCA 262. For more information on Allen / McMillan’s commercial litigation and appellate advocacy practices, please contact Greg at greg@amlc.ca and Kaitlyn at kaitlyn@amlc.ca.