MCCORMACK v ALBERTA HEALTH SERVICES, 2024 ABKB 263
NIELSEN ACJ
10.49: Penalty for contravening rules
Case Summary
This was a Memorandum of Decision issued by Acting Chief Justice Nielsen, not directly addressing the lawsuits initiated by Plaintiff, Mark JJ McCormack, against numerous Defendants. Instead, the Decision focused on McCormack's improper communications and demands directed at personnel of the Court of King’s Bench of Alberta. The Court noted that the Plaintiff, as a self-represented litigant, engaged in communications that bypassed established Court procedures and harassed Court staff, actions which violated Court norms and prompted the invocation of the Court's inherent jurisdiction to protect the integrity of its processes.
The Decision highlighted the inappropriate and escalated nature of the Plaintiff’s interactions, particularly his use of emails that circumvented established protocols, constituting an abuse of Court process. Consequently, the Court imposed restrictions on the Plaintiff, mandating that he could only communicate with the Court through email or telephone if represented by legal counsel, and restricted the Plaintiff’s interactions to direct submissions at the Court counter or via mail.
Further, the Court warned the Plaintiff of potential consequences, including penalties under Rule 10.49 if the abusive behaviours continued. The Court emphasized the need for the Plaintiff to change his conduct immediately and strongly recommended that he seek legal representation to guide his future actions in the litigation process.
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