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Dempsey v. Pagefreezer Software Inc.

Background: Nathan K. Dempsey, the appellant, was a former employee and shareholder of Pagefreezer Software Inc., founded by Michael Riedijk. The dispute originated from a settlement agreement made in September 2021 to resolve an oppression dispute. Dempsey sought to rescind this settlement, leading to multiple legal proceedings.

Legal Issues:

  • Dempsey applied for an extension of time to appeal an order from the Supreme Court of British Columbia, which was dismissed.
  • He also requested sealing and protection orders.
  • Key issues included whether Dempsey had a bona fide intention to appeal, whether the respondents were informed in time, potential prejudice to the respondents, merit in the appeal, and the interests of justice.

Court Findings:

  • Dempsey's application for an extension was denied due to his failure to meet the legal criteria and his contempt of court.
  • He had been found in contempt twice, failed to post security for costs, and continuously breached court orders by disclosing sealed materials to third parties.
  • Justice Majawa struck out Dempsey’s claims, declared him a vexatious litigant, and issued permanent sealing orders.

Costs and Awards:

  • The Attorney General of Canada and Pagefreezer were awarded costs.
  • Dempsey was ordered to pay fines and special costs totaling $30,570 ($5,000 fine by Justice Marchand, $10,000 fine by Justice Voith, and $15,570 in special costs to the respondents).

Outcome: Dempsey’s application for an extension of time to file an appeal was dismissed. Permanent sealing and protective orders were issued to maintain confidentiality.

Nathan K. Dempsey
Law Firm / Organization
Self Represented
Pagefreezer Software Inc.
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Michael Riedijk
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Loretta Chun

Court of Appeals for British Columbia
CA48965
Civil litigation
$ 30,570
Respondent