Rule Details
LEGER v CALGARY POLICE SERVICE
Rules Discussed
- Rule 3.33 Reply to defence
- Rule 3.61 Request for particulars
- Rule 3.62 Amending pleading
- Rule 4.5 Complex case obligations
- Rule 5.6 Form and contents of affidavit of records
- Rule 5.7 Producible records
- Rule 5.8 Records for which there is an objection to produce
Case Summary
The Plaintiff wrote a letter to the Court requesting the Court review and dismiss the Defendant’s Statement of Defence on the basis that the Statement of Defence is vexatious and an abuse of power. The Court referred to Civil Practice Note 7, which sets out summary procedures pursuant to Rule 3.68.
Associate Chief Justice Nixon held that while Rule 3.68 can be applied to a Statement of Defence, it is more commonly applied to commencement documents. Where there are defects in a Statement of Defence, other court processes, such as Rules 3.61, 3.33, or 3.62, may be more appropriate.
Nixon A.C.J. determined that the Statement of Defence was not, on its face, vexatious or an abuse of process. The Court provided general litigation direction to the Plaintiff by advising that her document entitled “Timeline of Events” is not evidence and referring her to Rules 5.6 to 5.8. Further, Associate Chief Justice Nixon acknowledged that the parties set a Litigation Plan pursuant to Rule 4.5(1) and encouraged continuation of the legal process in accordance with the Litigation Plan.