3.68: Court options to deal with significant deficiencies

Case Summary

The Defendants each brought Applications to strike an Action which had been filed by the Plaintiff in response to his disbarment from the Law Society of Alberta in 2010. After reviewing the Plaintiff’s extensive pleadings against the Provincial Crown and the Law Society of Alberta, Master Summers considered the applicability of Rule 3.68.

Master Summers concluded that the Action was effectively re-litigation of the conduct hearings held by the Law Society, constituting an abuse of process pursuant to Rule 3.68(2)(d). Additionally, Master Summers ruled that the Amended Statement of Claim disclosed no reasonable cause of action on the basis of procedural fairness, jurisdiction, necessity, breach of statutory duty, malicious prosecution, negligence or abuse of process, and thus ordered that the claim be struck as per Rule 3.68(2)(b).

Finally, Master Summers held that the Action had been brought outside of the limitation period, and could therefore be struck pursuant to Rule 3.68(2)(b) for that reason.

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