CHRISTOFI v KAHANE LAW OFFICE, 2023 ABKB 122
10.49: Penalty for contravening rules
14.5: Appeals only with permission
The Applicant sent the Court three emails requesting permission to file a Notice of Appeal of an Order and an Application as he was subject to Court access restrictions.
The Court denied the Applicant permission to file the proposed materials. The Court noted that a person subject to Court access restrictions is presumed to engage in illegitimate litigation unless the Court is satisfied otherwise. Nielsen A.C.J. determined that the Applicant failed to provide the materials he wished to file, provided no information or evidence, failed to provide necessary materials including a transcript of the Decision he intended to Appeal, and that the Application the Applicant intended to file was a collateral attack on previous Decisions.
The Court 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. The Court also cautioned the Applicant that abuse of the Court’s leave processes may have negative consequences, including penalties pursuant to Rule 10.49.View CanLII Details