JRB’S WELDING SERVICES INC v FAMILY DIVISION

Citation 2020 ABQB 126

Court Court of King's Bench of Alberta

Year 2020

Justice NIELSEN ACJ

Rules Discussed

Rule 3.68 Court options to deal with significant deficiencies
Rule 9.4 Signing judgments and orders
Rule 13.7 Pleadings: other requirements

Case Summary

This was an Application reviewed by Associate Chief Justice Nielsen as being an Apparently Vexatious Application or Proceeding (“AVAP”). Pursuant to Civil Practice Note No 7 (“CPN7”), Associate Chief Justice Nielsen ordered that the Applicant had 14 days to provide written submissions to His Lordship to “show cause” as to why the AVAP should not be struck pursuant to Rule 3.68. In part, the Court noted that an allegation of misrepresentation had not been pleaded with sufficient particularity as required by Rule 13.7.

The Court also ruled that the Applicant’s approval of the Order granted was dispensed with pursuant to Rule 9.4(2)(c).

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