MCMUNN v HOK, 2021 ABQB 550


14.48: Stay pending appeal

Case Summary

The Applicant sought leave to file a Rule 14.48 Application to Stay operation of the Respondents’ restraining Order against the Applicant, pending Appeal.

The Court reviewed the test for a leave application: “[A] person subject to court access control is presumed to engage in illegitimate litigation unless the Court is satisfied otherwise…” (Re Thompson, 2018 ABQB 87).

The Court concluded that, while the Applicant’s materials appeared to comply with the requirements for a valid leave application, it should be rejected for three reasons. First, the Court concluded that the Applicant had not rebutted the presumption that her Leave Application was an abusive proceeding. Second, the Court concluded that the Applicant’s complaints about procedural fairness were not reasonable. Lastly, the Court found that the Applicant’s Leave Application exhibited multiple indicia of abusive conduct (scandalous and inflammatory language before the Court, and unsubstantiated allegations of conspiracy, fraud and misconduct).

In sum, in dismissing the Leave Application, the Court found that the Applicant had not rebutted the presumption that her proposed Rule 14.48 interim Stay Pending Leave Application was an abuse of the Court. The Court added that the decision was final, and that the Applicant was prohibited from making any further leave Applications on the subject.

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