The B.C. Court of Appeal has dismissed an appeal filed by a former flight attendant for Jazz Aviation, ruling the claim to be abandoned after he didn’t comply with a court order to pay $10,000 in security for costs from an earlier ruling.
AA, who represented himself, had previously filed a lawsuit against Jazz Aviation and two of its employees, alleging wrongful dismissal, defamation, libel, and other charges stemming from two incidents at work, one allegedly involving racist comments in 2016 and another a verbal and physical altercation in 2019. His employment was terminated following the latter incident.
Justice Thomas of the Supreme Court initially dismissed Ashraf’s action in February 2023, ordering him to pay costs and disbursements of $10,000 to the respondents.
In a subsequent application, Justice Frankel of the British Columbia Court of Appeal ordered AA to post $10,000 in security for costs by Aug. 14, 2023. The appeal was to be stayed until the security was posted, and if not, the respondents could apply to have the appeal dismissed as abandoned.
AA failed to pay the security for costs by the deadline and did not take steps to comply with the order. He also did not provide a legal basis or material change in circumstances to justify varying the order. His proposal to pay a reduced amount of $2,500 was not accepted.
The Court observed that AA had engaged in multiple related proceedings, including actions before the Canada Industrial Relations Board, the Canadian Human Rights Commission, and the Federal Court of Appeal, which ultimately barred him from filing further material without the Court’s leave.
“Justice Frankel noted the difficulties the respondents have encountered in recovering under any of the cost orders made against (AA),” the appeal court said.
“The materials filed by the respondents indicate that figure has since increased. My own conclusions about the merits of (AA’s) appeal are consistent with those expressed by Justice Frankel. There is, in my view, no reason the respondents should continue to be troubled by or incur further costs in what is a meritless appeal.”
Given these factors and the lack of merit in AA’s appeal, Justice Voith of the British Columbia Court of Appeal found it in the interests of justice to dismiss the appeal as abandoned. The Court also ordered AA to pay $1,000 in costs to the respondents.
For more information, see Ashraf v. Jazz Aviation LP, 2023 BCCA 434 (CanLII)
