In what circumstances will a judge strike an appeal notice?
British Columbia, Canada
The following excerpt is from Dyce v. Aquarius Management Inc., 1995 CanLII 1657 (BC SC):
24 In McCombe v. Kerfoot Datsun, unreported, 9 April 1986, Vancouver No. A842025 (referred to supra), Drost C.C.J. (as he then was) examined in detail the authorities which stand for the proposition that strict compliance with the appeal provisions of the Act is necessary to vest jurisdiction with the court. The discussion arose in the context of a motion to strike the appeal notice in circumstances where the judge had provisionally determined that the respondent was estopped from relying on the appellant's failure to comply with the limitation period for filing security with the court. After examining the authorities, the judge reached the contrary conclusion and therefore granted the motion.
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