LAIRD v (ALBERTA) MAINTENANCE ENFORCEMENT, 2019 ABQB 12
2.22: Self-represented litigants
2.23: Assistance before the Court
3.68: Court options to deal with significant deficiencies
14.5: Appeals only with permission
During a case management meeting Jones J. invited submissions from the parties regarding whether the conduct of the Applicant, Laird, was abusive and vexatious, and whether there should be restrictions on Laird’s access to Court functions.
In the circumstances, Jones J. declared Laird a vexatious litigant and provided some conditions as part of that declaration. One of those conditions was that if Laird were granted leave to Appeal by a single appeal Judge, Laird may be required to apply for permission for leave to Appeal under Rule 14.5(1)(j). Further, Jones J. held that Laird was prohibited from acting as an agent, next friend or McKenzie Friend pursuant to Rules 2.22 and 2.23.
Finally, Jones J. evaluated whether Laird’s conduct of the Action warranted taking steps to limit or end the Action as an abuse of process, including pursuant to Rule 3.68. His Lordship held that striking out the Action was a measure proportionate to Laird’s misconduct given the many indicia of abusive litigation present. Accordingly, Jones J. struck each of the Actions commenced by Laird in respect of the Respondents.
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