Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41327
Chang Jacques v. Jennifer Muir
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Counsel
Party: Jacques, Chang
This party is not represented by counsel.
Party: Muir, Jennifer
Counsel
3200 – 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2812
FAX: (604) 669-9385
Email: nturner@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Courts — Civil procedure — Appeals — Jurisdiction — Vexatious litigant — Case management – Applicant seeking to appeal from order purportedly made by judge during judicial management conference — Court of Appeal quashing appeal as nullity — Court of Appeal Act, R.S.B.C. 1996, c. 77, s. 6.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2012, applicant Chang Jacques brought a claim against the respondent doctor, Jennifer Muir, based in negligence and lack of informed consent. The negligence claim was subsequently dismissed. In 2015, the informed consent claim was settled, monies were paid, and Ms. Jacques signed a full and final release of any further claims.
Since then, Ms. Jacques has brought numerous actions, requisitions, petitions, and appeals and requisitions relating to the same subject matter as in the 2012 action. The Court of Appeal for British Columbia noted that in this instance Ms. Jacques appeared to be attempting to appeal from: (i) comments or a direction a judge may have made in a judicial case conference, to the effect that the matter had been concluded as far as the courts were concerned; and (ii) two emails from Supreme Court scheduling, stating that Ms Jacques had no further remedy in that court.
The Court of Appeal concluded that these comments and emails were not orders and were not appealable under the Court of Appeal Act, R.S.B.C. 1996, c. 77. The court quashed the appeal as a nullity and declared Ms. Jacques to be a vexatious litigant, restricting her from commencing further proceedings in the Court of Appeal.
Lower court rulings
See File
Appeal quashed as a nullity; applicant declared vexatious litigant in Court of Appeal
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-27 | Close file on Leave | |
| 2025-02-27 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2024-10-01 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2024-10-07, (Printed version filed on 2024-10-04) | Chang Jacques |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47594, 2021 BCCA 363, dated September 17, 2021, is dismissed. Dismissed |
|
| 2024-08-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-07-02 | Correspondence received from, Regarding their reply | Chang Jacques |
| 2024-06-17 | Supplemental document, 2 volumes | Chang Jacques |
| 2024-06-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-06-17 | Chang Jacques |
| 2024-06-17 | Correspondence received from, Titled ''Authority Case'' | Chang Jacques |
| 2024-06-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-17, (Printed version due on 2024-06-24) | Jennifer Muir |
| 2024-06-12 | Lower court order - e-filing, BCSC Orders | Chang Jacques |
| 2024-06-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-06-03 | Certificate (on limitations to public access), (Printed version filed on 2024-06-05) | Chang Jacques |
| 2024-06-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-06-03, (Printed version filed on 2024-06-05) | Chang Jacques |
| 2024-06-03 |
Application for leave to appeal, (Book Form), Missing: - Lower court judgement and orders (Rec'd 2024-06-12), Completed on: 2024-06-12, (Printed version filed on 2024-06-05) |
Chang Jacques |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Jacques, Chang | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Muir, Jennifer | Respondent | Active |
Counsel
Party: Jacques, Chang
This party is not represented by counsel.
Party: Muir, Jennifer
Counsel
3200 – 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2812
FAX: (604) 669-9385
Email: nturner@harpergrey.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Courts — Civil procedure — Appeals — Jurisdiction — Vexatious litigant — Case management – Applicant seeking to appeal from order purportedly made by judge during judicial management conference — Court of Appeal quashing appeal as nullity — Court of Appeal Act, R.S.B.C. 1996, c. 77, s. 6.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2012, applicant Chang Jacques brought a claim against the respondent doctor, Jennifer Muir, based in negligence and lack of informed consent. The negligence claim was subsequently dismissed. In 2015, the informed consent claim was settled, monies were paid, and Ms. Jacques signed a full and final release of any further claims.
Since then, Ms. Jacques has brought numerous actions, requisitions, petitions, and appeals and requisitions relating to the same subject matter as in the 2012 action. The Court of Appeal for British Columbia noted that in this instance Ms. Jacques appeared to be attempting to appeal from: (i) comments or a direction a judge may have made in a judicial case conference, to the effect that the matter had been concluded as far as the courts were concerned; and (ii) two emails from Supreme Court scheduling, stating that Ms Jacques had no further remedy in that court.
The Court of Appeal concluded that these comments and emails were not orders and were not appealable under the Court of Appeal Act, R.S.B.C. 1996, c. 77. The court quashed the appeal as a nullity and declared Ms. Jacques to be a vexatious litigant, restricting her from commencing further proceedings in the Court of Appeal.
Lower court rulings
See File
Appeal quashed as a nullity; applicant declared vexatious litigant in Court of Appeal
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available