Hawco J

3.68: Court options to deal with significant deficiencies

Case Summary

The Defendants, the City of Calgary, Her Majesty the Queen in Right of Alberta and Her Majesty the Queen in Right of Canada, brought an Application to have the Plaintiff declared a vexatious litigant and to have three Actions struck. The Plaintiff had previously commenced nine separate Actions, eight of which arose from an email he published which led to him being charged with criminal harassment of his former partner. Each Action was commenced against individuals involved in assessment or enforcement, agents of the Federal and Provincial Attorney General’s departments, and the Judiciary who were acting in their judicial capacity. The Defendants argued that the proceedings could not succeed and did not have a reasonable expectation of providing relief, and that the Plaintiff was clearly a vexatious litigant. Justice Hawco referred to Rule 3.68 which deals with vexatious proceedings and prior authority which set out the characteristics of vexatious litigants. Hawco J. held that, other than limited proceedings against the Attorney General for Canada as set out in a previous decision of Master Laycock, the Plaintiff’s actions simply could not succeed. Justice Hawco was satisfied that the Plaintiff was a vexatious litigant and ordered that the Plaintiff could not institute any further proceedings.

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