KOERNER v CAPITAL HEALTH AUTHORITY, 2011 ABCA 289

SLATTER AND BIELBY JJA and VERVILLE J (AD HOC)

1.1: What these rules do

Case Summary

This Application concerned an Appeal of an Order which struck the Appellant’s Statement of Claim as a consequence of her failure to comply with various Orders of the Case Management Judge. The Court ruled that, pursuant to Rule 1.1(2),  “The Rules of Court make it clear that the same rules apply to all litigants, even if self-represented”.  The obligation to comply with Court Orders is one that is imposed on all persons whether they are represented by counsel or not. The Court found that the Appellant did not merely fail to comply with an Order, she actively refused, believing the Order to be contrary to the Charter. The Court of Appeal upheld the Decision to strike the Statement of Claim.

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