HAYDEN v CANADIAN IMPERIAL BANK OF COMMERCE, 2023 ABKB 100
10.49: Penalty for contravening rules
14.5: Appeals only with permission
The Applicant sent the Court an email requesting permission to file an Appeal of a Provincial Court Decision (the “PC Decision”) as the Applicant 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 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 her proposed Appeal of the PC Decision and that her proposed Appeal continued the Applicant’s pattern of persistent, repeated, and abusive litigation activities.
The Court previously imposed penalties on the Applicant under Rule 10.49. However, as this did not deter the Applicant, the Court declined to impose further such penalties though the Court noted that her Application should warrant a further penalty under Rule 10.49. 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