Can an application for no fee status be denied if the underlying claim lacks merit?
British Columbia, Canada
The following excerpt is from Curic v. Rainbow’s End Housing Co-operative, 2019 BCCA 340 (CanLII):
In other words, even if it is proven that the applicant is unable to pay the fees without undue hardship, the application for no-fee status will be denied if the underlying claim lacks merit. In other words, this court will not waive fees on appeal if the appeal has no reasonable chance of success. As this court recently held in Shoolestani v. Ichikawa, 2018 BCCA 361 at para. 26, “[m]odest court fees and costs awards are measures that help deter litigants from bringing appeals of no merit.”
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