BEHR v BEHR, 2024 ABKB 359
NIELSEN ACJ
9.4: Signing judgments and orders
10.49: Penalty for contravening rules
Case Summary
This Memorandum of Decision responded to the actions of Mr. Behr, who used pseudolegal arguments to challenge a Court Order and intimidate judicial officers. Following Orders made on March 12, 2024, related to the sale of family property, Mr. Behr sent communications rejecting the Orders and imposing fictitious fines on Justice Akgungor. These communications were recognized as "Organized Pseudolegal Commercial Arguments" (“OPCA”), a form of pseudolaw intended to undermine the Court's authority.
The Court, applying Rule 10.49(1), found Mr. Behr's actions to be an interference with the administration of justice. Mr. Behr employed pseudolaw strategies, specifically the "Strawman Theory" and "Three/Five Letters" process, to challenge the Court’s authority. Despite being instructed to provide an explanation for his conduct, Mr. Behr continued his pseudolaw activities and escalated his communications.
The Court concluded that Mr. Behr did not provide an adequate excuse for his actions and imposed a $5,000 penalty under Rule 10.49(1). This penalty was to be paid immediately, or it would be recovered from the proceeds of the Court-directed property sale. The Court also exercised its authority under Rule 9.4(2)(c) to dispense with Mr. Behr’s approval of the Order effectuating this Decision.
The Court warned Mr. Behr that any further pseudolaw submissions would result in escalating penalties and possible additional litigation management measures. The Court advised Mr. Behr to seek legal counsel and provided information about his right to appeal to the Court of Appeal of Alberta.
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