UBAH v UBAH, 2022 ABQB 534


10.49: Penalty for contravening rules
14.5: Appeals only with permission

Case Summary

One of the Plaintiffs was very active, highly problematic litigant with an extensive record of abusive litigation and court- and tribunal-related misconduct which resulted in court access restrictions in the Alberta Court of Queen’s Bench and the Federal Court.  The court access restrictions required the Plaintiff to obtain leave of the Court prior to initiating any new proceedings or litigation steps.

Notwithstanding the access restrictions, the Plaintiff purported to file documents without leave of the Court seeking a restraining order against his wife and her father on an ex-parte basis. Those filings led to two court appearances before the litigation misconduct was discovered by Carruthers J, who subsequently struck out the Plaintiff’s filing. The matter was then referred to Rooke ACJ.

Justice Rooke considered penalties imposed pursuant to Rule 10.49(1) where a litigant abuses the leave to file process. The Court considered the long history with the Plaintiff as well as evidence of consistent breaches. In light of the Plaintiff’s dismal record of abusing the Court and its leave to file process, plain and obstinate response to the Court’s attempts to manage him and his litigation, and blatant attempts to cover up his improper conduct, the Court imposed a $4,000.00 penalty pursuant to Rule 10.49(1) to be paid forthwith.

The Court also noted that its Decision and that of Carruthers J striking the Plaintiff’s filings were not appealable to the Court of Appeal pursuant to Rule 14.5(4).

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