MCCLELLAND v HARRISON, 2022 ABQB 554
KISS J
10.49: Penalty for contravening rules
Case Summary
The Court’s decision was made without any appearance of the parties, in response to abusive communications made by the Respondent relating to divorce proceedings. The Respondent sent frequent emails to the Court (usually without any valid basis), had been repeatedly cautioned about the appropriate conduct of a litigant, and was aware that her behaviour was not acceptable. The Court, relying on its inherent jurisdiction to control its own processes, ordered that the Respondent was prohibited from any future communication with the Court of Queen’s Bench by email, unless the Respondent received specific authorization by Court order, or became represented by counsel.
The Court used Rule 10.49(1) to impose a penalty on the Respondent in response to her abuse of the Court, its staff, judiciary, and facilities.
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