Docket: T-525-20
Citation: 2020 FC 1178
Vancouver, British Columbia, December 21, 2020
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
JAMES LESLIE GERARD STEEVES
Plaintiff
and
THE PROVINCE OF BRITISH COLUMBIA
Defendant
ORDER AND REASONS
[1]
By a Notice of Motion dated June 15, 2020 and filed on June 19, 2020, for consideration without personal appearance pursuant to Rule 369 of the Federal Courts Rules, S.O.R./98-106 (the “Rules”
), Mr. James Leslie Gerard Steeves (the “Plaintiff”
) seeks injunctive relief as follows:
-
Province of British Columbia to adhere to the 1951 Convention for Refugees, the 1954 Convention for Stateless Persons, all Human Rights of the beneficiaries and Trustees of the James and Paola Steeves Family Trust.
-
The Province of British Columbia as well as all States will adhere to the Trust Indenture of The James and Paola Steeves Family Trust.
-
The Province of British Columbia will Vacate the Judgement made in R. vs (sic) Steeves as it is in direct violation of Article 29 of the 1951 Convention for Refugees and the 1954 Convention for Stateless Persons and will return the Original Note issued by the James and Paola Steeves Family Trust for the fine imposed onto Paola V. Steeves. If the note has been sold, the cash equivalent will be issued.
-
The Province of British Columbia will Cease and Desist any and all regulatory or quasi-criminal litigation against The James and Paola Steeves Family Trust, it’s (sic) Beneficiaries or Trustees.
-
Summary Judgement will be disallowed for The James and Paola Steeves Family Trust, it’s (sic) beneficiaries and Trustees.
-
Any and all News propaganda and Slanderous writings in regards to The James and Paola Steeves Family Trust, its beneficiaries and Trustees will be removed from the Public eye no matter the form.
-
The Province of British Columbia will Register any and all Private automobiles with the use of the Financial Responsibility Cards Issued by the James and Paola Steeves Family Trust and will not force its beneficiaries and Trustees to purchase ICBC Insurance or Provincial Drivers Licenses in order to Travel.
[2]
The Plaintiff’s Motion Record, including the Notice of Motion was served upon The Province of British Columbia (the “Defendant”
) on June 17, 2020, according to the affidavit of service sworn by the Plaintiff on June 19, 2020 and filed with the Court on June 19, 2020.
[3]
The Defendant filed a responding Motion Record on June 30, 2020.
[4]
By Order and Reasons issued on December 21, 2020, the Statement of Claim in this proceeding was struck out and the action was dismissed.
[5]
According to the decision in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, a person seeking injunctive relief must meet a tri-partite conjunctive test and show that there is a serious issue for trial arising from the originating document in the proceeding; that he will suffer irreparable harm if the relief sought is denied; and that the balance of convenience lies in his favour.
[6]
The Plaintiff’s action has been dismissed. He cannot show a “serious issue for trial”
, in those circumstances. It follows that he cannot meet the test for obtaining injunctive relief and the motion will be dismissed.
[7]
The Defendant also submits that, in bringing this Motion, the Plaintiff is making a collateral attack upon a decision of the Supreme Court of British Columbia in R. v. Steeves, 2019 BCSC 1471. However, in light of my conclusion above, it is not necessary for me to address this argument.
[8]
In the result, the Plaintiff’s Motion is dismissed, with costs to the Defendant in the amount of $350.00, inclusive of fees, disbursements and GST.
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