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The Court of Appeal released it's reasons today
in the James vs Crown action. The court upheld Justice Wilson's
decision to bar us continuing with the action. They ruled our action
to be the same as the IWA action and thus Res Judicata does apply.
Lawyer Joseph Arvay is reviewing the "reasons" to see
what possible next steps might be. The first possibility is to seek
leave to apply to the Supreme Court of Canada.
The second possibility lies in paragraph 58 of the reasons... It
indicates that we may seek to have the original consent dismissal
order (IWA case) set aside. Mr Arvay is researching that avenue
and if it is possible and we are successful it would mean the case
could continue.
I hope to have more detailed information soon and as I get it I
will forward it.
Ken James
Courts of British Columbia - Court of Appeal
2007
BCCA 547 James v. British Columbia
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