Useful passage on the importance of process in litigation

Shebib v. Victoria (City), 2012 BCCA 42 is a very recent decision dealing with a self-represented litigant who failed to follow the Rules of the British Columbia Court of Appeal.  In discussing an application for leave to extend the time to apply for leave to appeal the Court made some observations that may be useful generally in all litigious matters:

 

 

 

[1]             This case illustrates the tension that often develops among the aspirations of self-represented parties, the interests of parties who are represented and the responsibilities of the court in overseeing the orderly administration of litigation.

 

…

 

[11]         Court rules, procedures and provisions governing appeals are designed to achieve an effective appellate process.  Their objective is to facilitate, not obstruct, the achievement of a correct legal result.  Appellate procedural rules protect and promote the interests of parties, including Mr. Shebib.  When rules and procedures are not followed, it is difficult for this Court to administer appeals effectively.  Parties who do not follow the appropriate rules and procedures often obscure their legitimate positions, making it hard for this Court to address their concerns.  Failure to comply with the appropriate rules and procedures also may unfairly compound the difficulties of the opposing party’s task of presenting its position and resisting the position of the defaulting party.