Background: Hugh Alexander Trenchard, the appellant, appealed an order by the Supreme Court of British Columbia, which struck portions of his response to Westsea Construction Ltd.’s petition. The dispute originated from Trenchard's leasehold interest in a unit in Orchard House, a residential building managed by Westsea Construction Ltd. The primary issue was whether legal expenses incurred by Westsea could be recovered from leaseholders as operating expenses.

Legal Issues:

• Trenchard argued the case management judge erred in applying the legal test from R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, and in misapprehending his arguments.
• The judge struck Trenchard's pleadings as frivolous, unnecessary, and irrelevant under Rule 9-5(1)(b) and (c) of the Supreme Court Civil Rules.
• The key legal question was whether the legal expenses claimed by Westsea were chargeable to leaseholders under the lease terms.

Court’s Decision: The Court of Appeal dismissed Trenchard’s appeal, agreeing with the case management judge that the pleadings were properly struck to ensure efficient and fair litigation. The judge applied the correct legal test and exercised discretion appropriately.

Costs/Award: The document did not specify the total amount of costs or any award in favor of Westsea Construction Ltd.