The plaintiff alleges that he was arbitrarily interfered with on June 17, 2015 while riding his motorcycle. He asked that the charge against him for riding his motorcycle without a helmet under section 221(1) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 be dismissed because the enactments and regulations the agents of the defendant were trying to force on him were of no force or effect because he was not operating in a commercial capacity and the regulations apply to an artificial person. The Royal Canadian Mounted Police refused to withdraw the violation ticket.
The comments and findings of Rooke ACJ are applicable to the case before me. The plaintiff has purported, through his Claim of Recognition and Understanding, to set up a parallel legal universe in which he is not bound by statute. Through his notice of civil claim, he effectively seeks injunctive relief against the police to prevent them from carrying out their duties as peace officers under the Criminal Code and related provincial enactments.
I am also satisfied the pleadings are frivolous, vexatious and embarrassing. They are designed to perpetuate the plaintiff’s view of the law and how it may or may not apply to him. As such, the action is an abuse of the court’s process. The fact that the pleadings constitute a collateral attack on the violation tickets issued to the plaintiff also constitute an abuse of process. The venue for challenging the violation tickets is through a dispute process, not a civil claim in Supreme Court.
http://www.canlii.org/en/bc/bcsc/doc/20 ... ultIndex=3During submissions, counsel for the applicant provided a bill of costs. The total fees and disbursements amount to $2,325.87, based on the tariff at Scale B. The applicant seeks $2,250 in costs. The applicant was the successful party and I award costs in the amount of $2,250. The bill of costs shall be appended to the order.
Also worth noting. This is from the Supreme Court of British Columbia. This dumbass actually appealed a riding without a helmet ticket all the way to the Supreme Court.