ONISCHUK (RE), 2017 ABQB 553


3.68: Court options to deal with significant deficiencies
9.4: Signing judgments and orders

Case Summary

The Applicant, Ms. Onischuk filed an Amended Application in relation to her bankruptcy. The Amended Application alleged conspiracy, malice, negligence, and bad faith and requested an array of remedies as against the Respondents including leave to take legal action against the Respondents, an Order designating the Action to be in the public interest and insulating the Applicant and her husband from all Costs, hundreds of thousands of dollars in aggravated and punitive damages, and leave for the Applicant’s husband (a non-lawyer) to file documents and temporarily provide representation before the Court.

Rooke A.C.J. struck out the Amended Application on the basis of Rule 3.68. His Lordship stated that Rule 3.68 authorizes the Court to strike out pleadings in whole or in part where the Court has no jurisdiction, where a claim or defence is fatally flawed, or where a pleading is an abuse of process. The Amended Application represented a clear abuse of process in light of the relief requested and how the Applicant’s husband, who was previously declared a vexatious litigant, was using his wife’s Action to seek relief and circumvent the Court’s Orders. The Application was dismissed.

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