The Applicant had an extensive record of litigation misconduct and was declared a vexatious litigant subject to prospective court access gatekeeping. He applied to the Court for leave to file a “Notice to Admit Facts” in the Alberta Court of Queen’s Bench.

The Court rejected the Applicant’s leave to file request. The Applicant failed to adhere to the requirements for a valid leave to file a request as ordered by the Court. The Court also found that the Notice to Admit Facts was a collateral attack on prior litigation.

Repeated abuse of the Court’s leave to file process is a basis for a Court to award a penalty pursuant to Rule 10.49(1). In the earlier decision, Rana v Rana, 2022 ABQB 111, Rooke ACJ ordered the Applicant to pay a Rule 10.49(1) penalty of $2,500. Here, this was “done the same again, in an even more egregious and obnoxious manner.” As such a further Rule 10.49(1) penalty was warranted, with an increased quantum of $4,000 to deter further abusive litigation.

The Court ordered counsel for the proposed Respondent to prepare the Order for this Decision in two separate Orders. One for substance and the other pursuant to Rule 10.49(1) (as required for service on the Clerk of the Court pursuant to Rule 13.45). The Court dispensed with the Applicant’s approval of the Orders pursuant to Rule 9.4(2)(c).