UBAH v CANADIAN NATURAL RESOURCES LIMITED

In proceedings characterized by the persistent litigation misconduct of a self-represented Plaintiff, Rooke A.C.J. restricted the Plaintiff from filing new Applications absent leave of the Court, and permitted the Defendants to seek Costs through a written process set out in a procedural Order. Upon the Defendants’ submission of materials as contemplated in that Order, the Plaintiff sought leave to file an Application pursuant to Rule 1.5, challenging the Defendants’ submission as noncompliant. Rooke A.C.J. dismissed the request for leave as unmeritorious and abusive. Citing Rule 10.31 for the Court’s broad authority and discretion to award Costs, and Rule 10.33 for the appropriateness of the use of Costs in discouraging problematic litigation conduct and misuse of Court resources, Rooke A.C.J. awarded a lump sum of Costs to each Defendant group. Rule 9.4(2)(c) was invoked such that the Plaintiff was not required to approve the form of Order.