MCMUNN v HOK, 2021 ABQB 601


9.4: Signing judgments and orders
10.49: Penalty for contravening rules
14.48: Stay pending appeal

Case Summary

The Respondent was subject to Court access restrictions as a vexatious litigant. The Respondent applied for leave to file a Stay Pending Appeal Application in relation to a Restraining Order against her, pursuant to Rule 14.48. That Application was denied in an earlier Decision.

Following that Decision, the Respondent wrote to Justice Shelley’s Judicial Assistant in an inappropriate and abusive manner demanding a “re-processing” of her previous Application. The Respondent was informed by response email that her further Rule 14.48 Application should be directed to the Alberta Court of Appeal. The Respondent continued to communicate with various Court staff in an abusive way.

Justice Shelley observed that the Respondent had abused Court resources and had not conducted herself appropriately in her dealings with the Court. As such, Justice Shelley ordered the Respondent to pay $2,000 to the Clerk of the Court pursuant to Rule 10.49(1). The Respondent’s approval of that Order was dispensed with pursuant to Rule 9.4(2)(c).

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