3.68: Court options to deal with significant deficiencies
8.1: Trial without jury
8.2: Request for jury trial
11.31: Setting aside service

Case Summary

The Alberta Lawyers Insurance Association (ALIA) filed an Originating Application seeking to declare Stephen Bourque and his mother, Stephanie Bourque, vexatious litigants. Mr. Bourque filed two Applications in response requesting, among other things, a Trial by jury.

Mandziuk J. stated that a Trial by jury is not a remedy that the Court can grant in the usual course. Justice Mandziuk noted that there is no absolute right in Alberta to a civil jury Trial. Rules 8.1 and 8.2, as well as the Jury Act, RSA 2000, c J-3 prohibit a Trial by jury unless an Application is made in writing to the Chief Justice of the Court of Queen’s Bench of Alberta and the Chief Justice directs that a Trial by jury take place. Mandziuk J. concluded that the Court had no jurisdiction to grant a jury Trial as no such request had been made to the Chief Justice in this case.

Justice Mandziuk noted that “[a]ny indicium of abusive litigation is a basis to investigate whether court access restrictions are warranted”. Based on the Bourques’ litigation conduct, Justice Mandziuk ordered that they were immediately prohibited on an interim basis from continuing or instituting further proceedings in any Court in Alberta without prior leave. Mandziuk J. cancelled the hearing of both ALIA’s Originating Application the Bourque’s Applications and stated that all of the Applications would be determined by way of written Decisions following a paper-only Application procedure.

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