CANADIAN IMPERIAL BANK OF COMMERE v HAYDEN, 2023 ABKB 152
9.35: Checking calculations: assessment of costs and corrections
14.5: Appeals only with permission
The Applicant sent the Court an email requesting permission to file an Application requesting that Costs in a foreclosure action be assessed (the “Proposed Application”), as the Applicant was subject to Court access restrictions.
The Court denied the Applicant permission to file the Proposed Application. The Court noted that a person subject to Court access control is presumed to engage in illegitimate litigation unless the Court is satisfied otherwise. Nielsen A.C.J. determined that the Applicant failed to establish a reasonable basis for the Proposed Application and that it continued the Applicant’s pattern of persistent, repeated, and abusive litigation activities. The Court also noted that the Proposed Application was unnecessary, as Rule 9.35 requires an automatic review of Costs by an Assessment Officer prior to completion of a foreclosure Action.
The Court urged the Applicant to seek professional legal assistance. The Court also noted that under Rule 14.5, there is no Appeal to the Court of Appeal of Alberta of a decision to deny leave, but that the Applicant could Appeal to the Supreme Court of Canada.View CanLII Details