FEENEY v SIMON, 2020 ABQB 759
6.9: How the Court considers applications
9.4: Signing judgments and orders
10.52: Declaration of civil contempt
The Applicant applied to hold several parties in Contempt of Court. This Application related to three lawsuits that the Applicant initiated alleging police and prosecutorial wrongdoing.
Rooke A.C.J., as Case Management Justice, previously determined that the Application would be conducted on a document only basis pursuant to Rule 6.9(1)(c). However, the Applicant failed to file materials before the deadline. Rooke A.C.J., as Case Management Justice, determined that the Application could be dealt with without submissions from the Respondent.
Rooke A.C.J. dismissed the Application. The Court determined that there was no basis for how the Applicant’s allegations may constitute a claim for Contempt of Court. The Court noted that the Applicant did not allege that the Respondents engaged in conduct identified in Rule 10.52(3), which sets out the basis for Contempt of Court. The Applicant did not allege that the Respondents failed to comply with a Court Order, were non-compliant witnesses, failed to perform or observe an undertaking, breached an enactment, or engaged in contemptuous behaviour while before the Court.
As a result, Associate Chief Justice Rooke ordered the Applicant to pay the Respondents $2,500 in Costs. The Court also ruled that the Applicant’s approval of the Order granted was dispensed with pursuant to Rule 9.4(2)(c).View CanLII Details