CONDOMINIUM COPRORATION NO 0313153 v IOURKOVA, 2022 ABKB 630
9.4: Signing judgments and orders
10.49: Penalty for contravening rules
This Decision relates to improper conduct by a Defendant in several foreclosure and debt collection proceedings and another proceeding initiated by her to thwart one of the foreclosure proceedings.
Rooke A.C.J. surveyed the litigant’s improper conduct, which included improperly adding third parties to her documentation without authorization and deluging the Alberta Court of King's Bench with email communications containing complaints of alleged misconduct by opposing parties, lawyers, and Court staff.
Noting the Court’s inherent jurisdiction to control its processes, as well as responsibilities pursuant to the Occupational Health and Safety Act, RSA 2000, c O-2.1 to take reasonable and practical steps to prevent workplace harassment and bullying, Rooke A.C.J. ordered that the litigant be prohibited from communicating with the Court by email, except where represented by a member in good standing of the Law Society of Alberta, or another authorized person. The litigant remained entitled to Court access through personal attendance, using a lawyer or by documents delivered consistent with any Court practice, but was warned of penalties pursuant to Rule 10.49(1) or Orders striking proceedings initiated by her in the event that the harassing emails continued.
The requirement for the Plaintiff’s approval of the Oder giving effect to the Decision was waived pursuant to Rule 9.4(2)(c).View CanLII Details