Y. Monica Song

The appellants, providers of on-site sewage treatment systems, sued the Building Materials Evaluation Commission, its members, and the Crown for declaratory and injunctive relief, as well as damages for misfeasance in public office.

The defendants moved to strike the statement of claim.

The Divisional Court struck the claim, finding the Commission was not a suable entity and the pleading lacked sufficient particulars of malice against the individual members.

The Court of Appeal dismissed the appeal, confirming that the Commission lacks the legal capacity to be sued and that the bald allegations of bad faith and malice against the subcommittee members did not disclose a reasonable cause of action.

The appellant appealed a summary judgment, arguing the motions judge erred by failing to grant an adjournment.

The appellant sought a stay of the judgment pending a Rule 15.02 motion.

The Court of Appeal dismissed the appeal, finding no evidentiary basis for granting a stay or demonstrating the value of a limited stay.