ARABI v ALBERTA, 2014 ABQB 295
3.68: Court options to deal with significant deficiencies
4.22: Considerations for security for costs order
4.23: Contents of security for costs order
In 2012, the Plaintiff was facing nine criminal charges, including counselling and coercing child prostitution, sexual assault, assault with a weapon, production and possession of child pornography and unlawful confinement. Of the nine charges, the Plaintiff was found guilty of assault and possession of child pornography. During those proceedings it was alleged that the Plaintiff was threatening witnesses with bodily harm. The Plaintiff was charged and convicted of three counts of attempt to obstruct justice via interference or intimidation and four counts of uttering a threat to cause death or bodily harm. The civil action brought by the Plaintiff was based on wrongs he alleged occurred to him in the criminal proceedings.
The Plaintiff named various Defendants, including members of the Edmonton Police Service, Edmonton Remand Centre employees, federal Crown Prosecutors, the Chief of the Edmonton Police Service, his lawyers from the criminal proceedings and members of the Law Society.
All of the Defendants sought to strike the Pleadings and, in the alternative, an Order requiring the Plaintiff to pay $150,000 in Security for Costs. The Court held that the Action was (a) factually and legally hopeless; (b) an abuse of process; and (c) frivolous and vexatious litigation. The Action was struck and the Court held if it erred in striking the claim that Security in the amount of $150,000 should be paid into Court by the Plaintiff.View CanLII Details