BAINS v DAY, 2022 ABKB 844


3.68: Court options to deal with significant deficiencies
10.52: Declaration of civil contempt

Case Summary

The Respondent, Dr. Jagdev Bains, commenced three interrelated Actions regarding three motor vehicle accidents. In the course of those Actions, the Alberta Court of Appeal imposed a Court access gatekeeping restriction on Dr. Bains which prohibited Dr. Bains from filing any further claims against individuals related to his existing Actions. He proceeded to file an additional claim against the lawyers who acted adverse to him in his other Actions (the “Lawyer Action”).

The Defendants in all four Actions collectively filed an Application to, among other things, strike the Lawyer Action and find Dr. Bains in Contempt of Court.

Associate Chief Justice Rooke held that the Lawyer Action was an abuse of process, among other issues, and struck the Pleading pursuant to Rule 3.68. However, he did not find Dr. Bains in Contempt, pursuant to Rule 10.52, citing the high bar for Contempt set in Pintea v Johns, 2017 SCC 23 and the caution to be taken in finding self-represented litigants in Contempt.

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