AKPAN (RE), 2024 ABCA 415
FEEHAN JA
10.49: Penalty for contravening rules
14.5: Appeals only with permission
Case Summary
This was an Application to Appeal an Order of the Court of King’s Bench issued by the Associate Chief Justice responsible for managing abusive litigation and litigants in Southern Alberta. The Order arose from concerns about Ms. Akpan’s conduct in notarizing and formalizing certain Organized Pseudolegal Commercial Argument documents. These documents, deemed "gibberish" by the Court, were presented in a criminal matter involving drug trafficking charges and an arrest warrant. The Court invited submissions on whether her actions interfered with the administration of justice and whether a penalty should be imposed under Rule 10.49(1) of the Rules of Court.
Ms. Akpan had previously appealed a related Decision due to a procedural error, which led to a rehearing. The Court noted that, pursuant to Rule 14.5(1)(b), permission to appeal is required for pre-trial Decisions respecting adjournments, time periods, or time limits. Since the time period set out in the Order had expired, part of the Appeal regarding the deadline was rendered moot. However, permission to Appeal was not required for substantive issues such as allegations of procedural unfairness and breaches of natural justice.
Subsequent to the initial Appeal Application, the Court issued a penalty Order against Ms. Akpan under Rule 10.49, which she also appealed. Both Appeals were consolidated and scheduled for hearing on February 10, 2025. In conclusion, the Court granted Ms. Akpan permission to proceed with the Appeal based on her filed documentation, finding that her Application for permission was unnecessary in the circumstances.
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