SMITH v MOORE-JUZWISHIN, 2020 ABQB 49
3.68: Court options to deal with significant deficiencies
9.4: Signing judgments and orders
The Court determined that the Statements of Claim filed by the Plaintiff were Apparently Vexatious Applications or Proceedings because they had many elements suggesting they may be hopeless and abusive. The Plaintiff had made bald, unsupported allegations, and requested excessive, impossible or disproportionate remedies for which the Statements of Claim contained no factual foundation.
The Court determined that both Statements of Claim should be reviewed pursuant to Civil Practice Note No. 7 (“CPN7”) to determine whether they should be struck under Rule 3.68, and the Court requested written submissions from the Plaintiff pursuant to CPN7. The Court directed the Clerk of the Court to prepare and serve an interim Order staying the Actions pursuant to Rule 9.4.View CanLII Details