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Rule Details

CHRISTOFI (RE)

Citation 2025 ABKB 725
Court Court of King's Bench of Alberta
Year 2025
Justice NIXON ACJ

Rules Discussed

  • Rule 3.68 Court options to deal with significant deficiencies

Case Summary

This proceeding involved an Application by Mike Christofi (“Christofi”), an active litigant, which named Associate Chief Justices Nixon and Nielsen as Respondents. The Application sought leave to bring an Application to remove a Court Restriction Order and have Nixon A.C.J. and Nielson A.C.J. removed from hearing another Action he had commenced. The existing Court Restriction Order prevented Christofi from commencing an Action, for which he had already filed a Statement of Claim.

Associate Chief Justice Nixon denied the Application, declining to grant Christofi leave to bring his Application to remove the restrictions imposed against him. The Court then assessed whether Christofi was permitted to file the Statement of Claim pursuant to the Restriction Order’s criteria. Associate Chief Justice Nixon found that the Statement of Claim recited facts and issues already considered and therefore constituted an abuse of process.

The Court issued an Order striking the Statement of Claim pursuant to Rule 3.68.

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