The Applicants, a doctor and his professional corporation, were involved in a long-standing dispute with the Respondents, the Alberta Health Services (AHS) and the College of Physicians and Surgeons of Alberta (CPSA). The Applicants had been found to be vexatious litigants previously, and required permission to appeal, pursuant to R. 14.5(1)(j). They therefore sought permission to Appeal an Order which sealed certain confidential information, directed the Applicants to destroy other confidential medical information in their possession, and found the Applicant, Dr. Viliam Makis, to be in contempt of previous court Orders.

In seeking permission to Appeal, the Applicants argued the Order was issued in furtherance of criminal acts, including covering up the murders of numerous Alberta cancer patients. Justice Slatter was brief in his reasons, finding that the Applicants’ arguments were frivolous and without merit. The steps taken by the Respondents in the litigation were lawful and authorized by the Rules. Further, the Applicants’ accusations of criminal conduct, bias, and conspiracy were unfounded. The proposed Appeal was without merit, and therefore the Application for permission to Appeal was dismissed.