Borley v. Fraser River Harbour Commission
T-190-95
Hargrave P.
15/3/95
8 pp.
Motions to strike out statement of claim under R. 419(1)(c), (f) as being scandalous, frivolous, vexatious, abuse of Court's process -- Actions brought by plaintiff in 1987, 1989 and 1994 against defendants before British Columbia courts unsuccessful -- Present action alleging collusion, conspiracy -- Plaintiff seeking injunctive relief to prevent enforcement of various orders requiring him to move belongings and vessels from land and water areas controlled by first three defendants -- Claim of false affidavit brought by plaintiff not relevant in dealing with present motions -- Few, if any, of relevant issues raised by plaintiff against Harbour Commission or Pitt Meadows new issues -- Most, if not all, of relevant issues dealt with in B.C. Supreme court actions and proceedings -- Points raised herein as against Harbour Commission and Pitt Meadows largely or entirely dealt with previously -- Present action, by reason of doctrine of estoppel or res judicata doomed to failure -- Struck out as abuse of process against defendants Harbour Commission, Pitt Meadows -- Federal Court Rules, C.R.C., c. 663, R. 419(1).